Litigation Lawyers in Cudahy

Residents of Cudahy, Wisconsin who suffer legal wrongs are usually legally entitled to compensation for harm they incurred as a result. This compensation is usually obtained by filing a lawsuit.

If you're considering filing a lawsuit, there are numerous 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 Cudahy, Wisconsin civil litigation attorney first.

Your Cudahy, Wisconsin 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 Cudahy, Wisconsin

Consultation with your attorney: You should always speak with a Cudahy, Wisconsin lawyer who specializes in civil litigation before filing any type of lawsuit in a court in Cudahy, Wisconsin. Your lawyer will have crucial information and advise, helping you decide whether or not your chances of success in the lawsuit make it worth your while to proceed.

Drafting a Complaint: Once you have decided to go through with filing a lawsuit in a Cudahy, Wisconsin court, you need to draft a complaint, with the help of your lawyer. A complaint is usually the first step in actually filing a lawsuit. The complaint is the plaintiff's first opportunity to lay out the allegations against the defendant. If a complaint doesn't allege facts that add up to a valid lawsuit (that is, even if everything alleged in the complaint is true, the defendant has still not committed a legal wrong that the court can compensate), the case will have to be dismissed. When a case is dismissed for this reason, the court usually gives the plaintiff a chance to re-submit the complaint, with the errors corrected.

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. Cudahy, Wisconsin has specific 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 certain amount of time to respond to your lawsuit, once they confirm that they've been served in Cudahy, Wisconsin. The defendant will probably 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. Typically, the defendant will admit the allegations that are not seriously in dispute (for example, 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 set period of time, they are in "default," and basically lose the case automatically.

How Can A Cudahy, Wisconsin Tort Lawyer Help?

As you can see, it can be a complicated and difficult process to file a lawsuit in Cudahy, Wisconsin, and it is, in fact, much more complicated than the basic outline you just read.

Therefore, if you want to file a lawsuit against someone in Cudahy, Wisconsin, you should not hesitate to speak with an attorney, who will be able to advise you on the best way to proceed.