Litigation Lawyers in Hurricane
If you are a resident of Hurricane, Utah 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 hire a good attorney from Hurricane, Utah before you proceed.
Once you hire a Hurricane, Utah litigation attorney, he or she will be able to advise you on your chances of succeeding in your lawsuit. Furthermore, 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 Hurricane, Utah
Consultation with your attorney: Before you proceed with any legal action in Hurricane, Utah, you should seek the advice and counsel of a good Hurricane, Utah attorney. He or she will be indispensable in helping you succeed in your lawsuit.
Drafting The Complaint: In Hurricane, Utah, the first step in filing a lawsuit is drafting a complaint. The complaint is a document that lays out all of your allegations against the person you're suing. It generally provides necessary background information, details the injuries you suffered, and why the person you're suing is to blame for those injuries. It also usually contains a specific "prayer" (request) for relief - a brief statement telling the court what the plaintiff is asking of it, such as monetary damages, and injunction, or other relief.
Serving The Defendant: Once you have drafted your complaint, you need to serve the defendant with it, and file it with the court. Hurricane, Utah requires that lawsuits be served on defendants in a certain 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 strongly preferred to serve defendants in person (with a disinterested third party delivering the papers to the defendant). Sometimes, however, the defendant cannot be found, or is trying to avoid service, they can be served by mail with court approval.
Await Defendant's Response: When you have served the defendant with the complaint in Hurricane, Utah, the defendant has time to respond. The most common response is known as an "answer," in which they specifically address the factual allegations you've made against them, usually 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 certain 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 Hurricane, Utah Tort Lawyer Help?
Filing a lawsuit in a Hurricane, Utah court is a bit more complicated than the basic outline laid out above.
Therefore, it is critical that you consult a qualified civil litigation attorney before you file any type of lawsuit in Hurricane, Utah.