Litigation Lawyers in Fond Du Lac
Residents of Fond Du Lac, 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 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 Fond Du Lac, Wisconsin civil litigation attorney first.
Your Fond Du Lac, 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 Fond Du Lac, Wisconsin
Consultation with your attorney: You should always speak with a Fond Du Lac, Wisconsin lawyer who specializes in civil litigation before filing any type of lawsuit in a court in Fond Du Lac, 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 The Complaint: Once you decide that pursuing a lawsuit in Fond Du Lac, Wisconsin 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 process, 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 normally asks the court for specific 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. Fond Du Lac, 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 Defendant's Response: In Fond Du Lac, Wisconsin, the law gives civil defendants a fairly long period of time (a month or two normally) to respond to a lawsuit against them. The most frequent response is either an answer (where they address the factual allegations against them, normally 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 normally 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 Fond Du Lac, Wisconsin Tort Lawyer Help?
As you can see, it can be a complex and difficult process to file a lawsuit in Fond Du Lac, Wisconsin, and it is, in fact, much more complex than the basic outline you just read.
Therefore, if you want to file a lawsuit against someone in Fond Du Lac, Wisconsin, you should not hesitate to speak with an attorney, who will be able to advise you on the best way to proceed.