Litigation Lawyers in Madisonville

If you are a resident of Madisonville, Texas 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 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 reliable attorney from Madisonville, Texas before you proceed.

Your Madisonville, Texas civil litigation attorney will be able to advise you on whether or not you have a legitimate case, and, if so, your best avenues 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 Madisonville, Texas

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

Drafting The Complaint: In Madisonville, Texas, the initial 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 decide if they add up to a legitimate 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 and your attorney have written a good complaint, and filed it with the court, it needs to be served on the defendant within a specific period of time. This is necessary under the law of Madisonville, Texas to ensure that the defendant actually knows that he's being sued, and has time to find a lawyer and prepare a defense. Generally, the defendant should be served in person. However, when this isn't possible, service by mail is also acceptable in a few instances.

Await Defendant's Response: In Madisonville, Texas, the law gives civil defendants a fairly long period of time (a month or two typically) to respond to a lawsuit against them. The most prevalent response is either an answer (where they address the factual allegations against them, typically denying most or all of the allegations) or a motion to dismiss (where the contend that, even if everything alleged in the complaint is true, those facts would not establish liability). If the defendant does nothing, and fails to respond, they run the risk of having a default judgment entered against them. This typically means that the court automatically rules against them, treating the plaintiff as if they won the lawsuit. This gives the plaintiff a judgment against the defendant, which they can seek to collect using all legal means.

How Can A Madisonville, Texas Tort Lawyer Help?

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

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