Litigation Lawyers in Sutherlin

If you are a resident of Sutherlin, Oregon and believe that somebody has committed a legal wrong against you, and have determined that the effort and expense involved in seeking payment is worth it, you may consider filing a lawsuit.

If you wish to file a lawsuit, there are many things you need to consider, and the decision to sue someone should not be made without the counsel of a Sutherlin, Oregon civil litigation attorney.

Once you retain a Sutherlin, Oregon litigation attorney, he or she will be able to advise you on your chances of succeeding in your lawsuit. Additionally, your lawyer can inform you on what a lawsuit is likely to cost, both in time and money. Obviously, your lawyer has some control over what it will cost you, based on their fees, and whether they bill an hourly rate, or charge on a contingency rate.

Steps for Filing a Lawsuit in Sutherlin, Oregon

Consultation with your attorney: Before you continue in any legal action in Sutherlin, Oregon, you should speak with a seasoned local attorney in Sutherlin, Oregon. Your legal counsel can make sure you have the best possible chance of winning your case, and help you decide if you should file your lawsuit in the first place.

Drafting a Complaint: Once you have decided to go through with filing a lawsuit in a Sutherlin, Oregon court, you need to draft a complaint, with the help of your lawyer. A complaint is normally the initial step in actually filing a lawsuit. The complaint is the plaintiff's first opportunity to lay out the allegations against the defendant. If a complaint doesn't allege facts that add up to a legitimate lawsuit (that is, even if everything alleged in the complaint is true, the defendant has still not committed a legal wrong that the court can compensate), the case will have to be dismissed. When a case is dismissed for this reason, the court normally gives the plaintiff a chance to re-submit the complaint, with the errors corrected.

Serving The Defendant: Once you have drafted your complaint, you need to serve the defendant with it, and file it with the court. Sutherlin, Oregon requires that lawsuits be served on defendants in a particular way. This is to ensure that the defendant has a good deal of notice that they're being sued, giving them time to find an attorney, and work on how they're going to defend themselves. It is highly preferred to serve defendants in person (with a disinterested third party delivering the papers to the defendant). Occasionally, however, the defendant cannot be found, or is trying to avoid service, they can be served by mail with court approval.

Awaiting the Defendant's Response: Once a lawsuit has been filed, and the defendant has been served in Sutherlin, Oregon, the defendant has time to respond. They normally do so by drafting an answer to the complaint, in which they deny the plaintiff's allegations, or assert a legal defense. If the defendant fails to respond within a set period of time, they will be in default, and you may be able to get a "default judgment" against them, in which all of your allegations against the defendant are viewed as if the defendant admitted them, and you only need to show that you've suffered losses that warrant the damages you're asking for.

How Can A Sutherlin, Oregon Tort Lawyer Help?

This simple outline is meant to give you a basic idea of what goes into filing a lawsuit in Sutherlin, Oregon, but it is by no means a comprehensive guide.

Therefore, it's always a good idea to talk with a Sutherlin, Oregon litigation attorney if you are contemplating filing a lawsuit against a person or company.