Litigation Lawyers in Cottonwood Heights

If you are a resident of Cottonwood Heights, Utah 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 Cottonwood Heights, Utah before you proceed.

Once you contact a Cottonwood Heights, Utah litigation attorney, he or she will be able to advise you on your chances of succeeding in your lawsuit. Moreover, 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 Cottonwood Heights, Utah

Consultation with your attorney: Before you file a lawsuit in a Cottonwood Heights, Utah court, you need to meet and confer with a local lawyer. You lawyer in Cottonwood Heights, Utah can advise you on whether or not your lawsuit has merit, and how possible it is to prevail.

Drafting The Complaint: Once you determine that pursuing a lawsuit in Cottonwood Heights, Utah civil court is worth your time and effort, you need to file a complaint. The complaint can set the tone, and frame the issues, for the rest of the litigation procedure, which can drag on for months, or even years (and decades, in some cases). This is because the complaint lays out all the allegations against the defendant. It also typically asks the court for particular 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. Cottonwood Heights, Utah 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: In Cottonwood Heights, Utah, 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 Cottonwood Heights, Utah Tort Lawyer Help?

This article gives you a general picture of what is necessary to file a lawsuit in Cottonwood Heights, Utah. 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 Cottonwood Heights, Utah litigation attorney if you are contemplating filing a lawsuit against a person or company.