Litigation Lawyers in Oconto
Residents of Oconto, 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 many 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 an Oconto, Wisconsin civil litigation attorney first.
Your Oconto, 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 Oconto, Wisconsin
Consultation with your attorney: Before you continue in any legal action in Oconto, Wisconsin, you should speak with a brilliant local attorney in Oconto, Wisconsin. Your legal counsel can make sure you have the best possible chance of winning your case, and help you decide if you should file your lawsuit in the first place.
Drafting the complaint: In Oconto, Wisconsin, once you have decided to file a lawsuit, the first thing you normally have to do is draft a complaint. The complaint is a document that contains all of the allegations you're making against the defendant (the person whom you are suing). It normally must allege all of the facts necessary to constitute a cause of action, though in some systems, very few facts are strictly required to be alleged. It also usually has, at the end, a "prayer" (request) for relief. This final section tells the court what type of relief the plaintiff wants, should the court 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. Oconto, Wisconsin requires that lawsuits be served on defendants in a particular 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 strongly preferred to serve defendants in person (with a disinterested third party delivering the papers to the defendant). Sometimes, however, the defendant cannot be found, or is trying to avoid service, they can be served by mail with court approval.
Awaiting the Defendant's Response: Once a lawsuit has been filed, and the defendant has been served in Oconto, Wisconsin, the defendant has time to respond. They normally 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 treated as if the defendant admitted them, and you only need to show that you've suffered losses that warrant the damages you're asking for.
How Can A Oconto, Wisconsin Tort Lawyer Help?
This simple outline is meant to give you a general idea of what goes into filing a lawsuit in Oconto, Wisconsin, but it is by no means a comprehensive guide.
Accordingly, it's always a good idea to speak with an Oconto, Wisconsin litigation attorney if you are contemplating filing a lawsuit against a person or company.