Litigation Lawyers in Brookfield
Residents of Brookfield, Wisconsin who suffer legal wrongs are normally legally entitled to compensation for harm they incurred as a result. This compensation is normally obtained by filing a lawsuit.
If you're contemplating filing a lawsuit, there are various things you need to consider, and it is not a decision to be made lightly. You should not file a lawsuit without seeking the advice of a Brookfield, Wisconsin civil litigation attorney first.
Your Brookfield, Wisconsin 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 Brookfield, Wisconsin
Consultation with your attorney: You should always speak with a Brookfield, Wisconsin lawyer who specializes in civil litigation before filing any type of lawsuit in a court in Brookfield, Wisconsin. Your lawyer will have critical information and advise, helping you decide whether or not your chances of success in the lawsuit make it worth your while to proceed.
Drafting the complaint: In Brookfield, Wisconsin, once you have decided to file a lawsuit, the initial thing you normally have to do is draft a complaint. The complaint is a document that contains all of the allegations you're making against the defendant (the person whom you are suing). It normally must allege all of the facts necessary to constitute a cause of action, though in some systems, very few facts are strictly required to be alleged. It also usually has, at the end, a "prayer" (request) for relief. This final section tells the court what type of relief the plaintiff wants, should the court 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. Brookfield, Wisconsin has certain 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 The Response: The defendant has a specific amount of time to respond to your lawsuit, once they confirm that they've been served in Brookfield, Wisconsin. The defendant will likely respond with an answer to your complaint. An answer is a document in which the defendant admits or denies the specific factual allegations made by the plaintiff. Usually, the defendant will admit the allegations that are not seriously in dispute (for instance, if the lawsuit concerns a car accident, they'll probably admit that an accident did, in fact, take place), but deny the more serious allegations (they'll probably deny that they were responsible for the accident). If the defendant fails to respond within a specific period of time, they are in "default," and basically lose the case automatically.
How Can A Brookfield, Wisconsin Tort Lawyer Help?
This simple outline is meant to give you a basic idea of what goes into filing a lawsuit in Brookfield, Wisconsin, but it is by no means a comprehensive guide.
Thus, if you want to file a lawsuit against someone in Brookfield, Wisconsin, you should not delay to talk with an attorney, who will be able to advise you on the best way to proceed.