Litigation Lawyers in Neenah
Residents of Neenah, 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 several 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 Neenah, Wisconsin civil litigation attorney first.
Your Neenah, 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 Neenah, Wisconsin
Consultation with your attorney: Before you proceed with any legal action in Neenah, Wisconsin, you should seek the advice and counsel of a reliable Neenah, Wisconsin attorney. He or she will be indispensable in helping you succeed in your lawsuit.
Drafting The Complaint: Once you determine that pursuing a lawsuit in Neenah, 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 procedure, 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 typically asks the court for particular relief, should it rule in the plaintiff's favor.
Serving The Defendant: Once you have drafted your complaint, you need to serve the defendant with it, and file it with the court. Neenah, Wisconsin requires that lawsuits be served on defendants in a specific way. This is to ensure that the defendant has a good deal of notice that they're being sued, giving them time to find an attorney, and work on how they're going to defend themselves. It is highly preferred to serve defendants in person (with a disinterested third party delivering the papers to the defendant). Occasionally, however, the defendant cannot be found, or is trying to avoid service, they can be served by mail with court approval.
Await Defendant's Response: When you have served the defendant with the complaint in Neenah, Wisconsin, the defendant has time to respond. The most prevalent response is known as an "answer," in which they particularly address the factual allegations you've made against them, typically by denying most of the allegations. They might also move to dismiss the case if they can argue that the complaint is legally flawed. A judge then has to rule on this motion. If the defendant doesn't respond within a given period of time, they are said to have "defaulted." This allows the court to enter a default judgment, in which the plaintiff essentially automatically wins the lawsuit. Once this happens, the defendant, if they're ever located, can be served with the judgment, and will have very little power to challenge the merits of your case.
How Can A Neenah, Wisconsin Tort Lawyer Help?
Filing a lawsuit in a Neenah, Wisconsin court is a bit more intricate than the basic outline laid out above.
You should seek the advice of a knowledgeable litigation attorney if you are planning on filing a lawsuit against somebody who you think has wronged you in Neenah, Wisconsin.