Litigation Lawyers in Lake Geneva
Residents of Lake Geneva, 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 Lake Geneva, Wisconsin civil litigation attorney first.
Your Lake Geneva, 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 Lake Geneva, Wisconsin
Consultation with your attorney: Before you proceed with any legal action in Lake Geneva, Wisconsin, you should seek the advice and counsel of a seasoned Lake Geneva, Wisconsin attorney. He or she will be indispensable in helping you succeed in your lawsuit.
Drafting The Complaint: In Lake Geneva, Wisconsin, the initial step to filing a lawsuit, once you've actually decided to do so (in consultation with your attorney), is writing a complaint. A complaint is simply a list of facts that you allege against the defendant. A court must look at these allegations and decide if they add up to a legitimate cause of action, assuming they're true. If they do not add up to a cause of action, the case may be dismissed. The complaint also normally ask the court to provide 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. Lake Geneva, 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 in Lake Geneva, Wisconsin has an chance to respond to the allegations against them. They have many options in how they respond to a lawsuit. They can move to dismiss the case (arguing that, even if everything the complaint alleges is true, they would still not be liable for anything), or they can file with the court, and serve upon the plaintiff an answer. An answer is a point-by-point disposal of every allegation against the defendant. The defendant can admit the allegations, deny them, or claim that they do not have enough information to admit or deny them (which essentially operates as a denial). Normally, the defendant will admit the inconsequential allegations, so they don't have to be litigated (if the lawsuit is about a car accident involving the plaintiff and defendant, they'll probably go ahead and admit that the accident took place), but deny any allegation that could establish liability, if true (they'll deny responsibility for the car accident, for example). If the defendant does not respond by the deadline, they will have a default judgment entered against them, and automatically lose the case.
How Can A Lake Geneva, Wisconsin Tort Lawyer Help?
The basic outline above does not come close to covering all the specifics involved in filing a lawsuit in Lake Geneva, Wisconsin.
Therefore, it's always a good idea to talk with a Lake Geneva, Wisconsin litigation attorney if you are contemplating filing a lawsuit against a person or company.