Litigation Lawyers in Germantown
Residents of Germantown, 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 Germantown, Wisconsin civil litigation attorney first.
Your Germantown, 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 Germantown, Wisconsin
Consultation with your attorney: You should always speak with a Germantown, Wisconsin lawyer who specializes in civil litigation before filing any type of lawsuit in a court in Germantown, 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 Germantown, 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 usually asks the court for specific relief, should it rule in the plaintiff's favor.
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 certain period of time. This is required under the law of Germantown, 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.
Await Defendant's Response: In Germantown, Wisconsin, the law gives civil defendants a fairly long period of time (a month or two usually) to respond to a lawsuit against them. The most common response is either an answer (where they address the factual allegations against them, usually 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 usually 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 Germantown, Wisconsin Tort Lawyer Help?
This article gives you a basic picture of what is required to file a lawsuit in Germantown, Wisconsin. However, it should not, under any circumstances, be read as a complete guide to the litigation process.
Therefore, if you want to file a lawsuit against someone in Germantown, Wisconsin, you should not hesitate to speak with an attorney, who will be able to advise you on the best way to proceed.