Litigation Lawyers in Pleasant Prairie

Residents of Pleasant Prairie, 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 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 Pleasant Prairie, Wisconsin civil litigation attorney first.

Your Pleasant Prairie, 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 Pleasant Prairie, Wisconsin

Consultation with your attorney: Before you continue in any legal action in Pleasant Prairie, Wisconsin, you should speak with a knowledgeable local attorney in Pleasant Prairie, 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 Pleasant Prairie, Wisconsin, the first 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 determine if they add up to a valid 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, 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. Pleasant Prairie, Wisconsin has particular 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 Defendant's Response: In Pleasant Prairie, Wisconsin, the law gives civil defendants a fairly long period of time (a month or two typically) to respond to a lawsuit against them. The most prevalent response is either an answer (where they address the factual allegations against them, typically 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 typically 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 Pleasant Prairie, Wisconsin Tort Lawyer Help?

The basic outline above does not come close to covering all the details involved in filing a lawsuit in Pleasant Prairie, Wisconsin.

Therefore, if you want to file a lawsuit against someone in Pleasant Prairie, Wisconsin, you should not hesitate to speak with an attorney, who will be able to advise you on the best way to proceed.