Litigation Lawyers in Lancaster
Residents of Lancaster, 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 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 Lancaster, Wisconsin civil litigation attorney first.
Your Lancaster, 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 Lancaster, Wisconsin
Consultation with your attorney: Before you proceed with any legal action in Lancaster, Wisconsin, you should seek the advice and counsel of a reliable Lancaster, Wisconsin attorney. He or she will be indispensable in helping you succeed in your lawsuit.
Drafting The Complaint: In Lancaster, 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 typically ask the court to provide 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 specific period of time. This is necessary under the law of Lancaster, 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 Lancaster, 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 viewed 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 Lancaster, Wisconsin Tort Lawyer Help?
The basic outline above does not come close to covering all the specifics involved in filing a lawsuit in Lancaster, Wisconsin.
If you have suffered a legal wrong in and decide to sue the person who you believed wronged you, you should speak with a qualified Lancaster, Wisconsin attorney.