Litigation Lawyers in Los Fresnos

If you are a resident of Los Fresnos, Texas and believe that somebody has committed a legal wrong against you, and have decided that the effort and expense involved in seeking compensation is worth it, you may consider filing a lawsuit.

If you are contemplating filing a lawsuit, you should know that there are many factors that need to be considered before doing so. You should definitely contact a knowledgeable attorney from Los Fresnos, Texas before you proceed.

Your Los Fresnos, Texas civil litigation attorney will be able to advise you on whether or not you have a legitimate case, and, if so, your best options on how to proceed. The attorney will also discuss with you the fees for their services, and whether he or she can represent you on a contingency basis.

Steps for Filing a Lawsuit in Los Fresnos, Texas

Consultation with your attorney: Before you proceed with any legal action in Los Fresnos, Texas, you should seek the advice and counsel of a knowledgeable Los Fresnos, Texas attorney. He or she will be indispensable in helping you succeed in your lawsuit.

Drafting The Complaint: In Los Fresnos, Texas, the first step to filing a lawsuit, once you've actually decided to do so (in consultation with your attorney), is writing a complaint. A complaint is simply a list of facts that you allege against the defendant. A court must look at these allegations and determine if they add up to a valid cause of action, assuming they're true. If they do not add up to a cause of action, the case may be dismissed. The complaint also typically ask the court to provide specific relief, should it rule in the plaintiff's favor.

Serving The Defendant: Once you, or your lawyer, have drafted a complaint, the defendant must be served with it, so they have notice that they're being sued, and are given time to prepare a defense. Los Fresnos, Texas has particular rules governing how a complaint must be served, for the service to be valid. Personal service (having someone give the documents directly to the defendant) is preferred. However, some courts will also accept service by mail in limited circumstances, or service upon an adult member of the defendant's household.

Await Defendant's Response: When you have served the defendant with the complaint in Los Fresnos, Texas, the defendant has time to respond. The most prevalent response is known as an "answer," in which they specifically address the factual allegations you've made against them, typically by denying most of the allegations. They might also move to dismiss the case if they can argue that the complaint is legally flawed. A judge then has to rule on this motion. If the defendant doesn't respond within a given period of time, they are said to have "defaulted." This allows the court to enter a default judgment, in which the plaintiff essentially automatically wins the lawsuit. Once this happens, the defendant, if they're ever located, can be served with the judgment, and will have very little power to challenge the merits of your case.

How Can A Los Fresnos, Texas Tort Lawyer Help?

This article gives you a basic picture of what is required to file a lawsuit in Los Fresnos, Texas. However, it should not, under any circumstances, be read as a complete guide to the litigation process.

If you have suffered a legal wrong in and decide to sue the person who you believed wronged you, you should speak with a qualified Los Fresnos, Texas attorney.