Litigation Lawyers in Delafield
Residents of Delafield, Wisconsin who suffer legal wrongs are typically legally entitled to compensation for harm they incurred as a result. This compensation is typically 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 Delafield, Wisconsin civil litigation attorney first.
Your Delafield, 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 Delafield, Wisconsin
Consultation with your attorney: You should always speak with a Delafield, Wisconsin lawyer who specializes in civil litigation before filing any type of lawsuit in a court in Delafield, 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 Delafield, Wisconsin court, you need to draft a complaint, with the help of your lawyer. A complaint is typically 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 typically gives the plaintiff a chance to re-submit the complaint, with the errors corrected.
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 required under the law of Delafield, Wisconsin 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.
Awaiting the Defendant's Response: Once a lawsuit has been filed, and the defendant has been served in Delafield, Wisconsin, the defendant has time to respond. They typically do so by drafting an answer to the complaint, in which they deny the plaintiff's allegations, or assert a legal defense. If the defendant fails to respond within a set period of time, they will be in default, and you may be able to get a "default judgment" against them, in which all of your allegations against the defendant are treated as if the defendant admitted them, and you only need to establish that you've suffered losses that warrant the damages you're asking for.
How Can A Delafield, Wisconsin Tort Lawyer Help?
The basic outline above does not come close to covering all the details involved in filing a lawsuit in Delafield, Wisconsin.
Therefore, it is crucial that you consult a qualified civil litigation attorney before you file any type of lawsuit in Delafield, Wisconsin.