Litigation Lawyers in South Milwaukee

Residents of South Milwaukee, 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 South Milwaukee, Wisconsin civil litigation attorney first.

Your South Milwaukee, 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 South Milwaukee, Wisconsin

Consultation with your attorney: Before you continue in any legal action in South Milwaukee, Wisconsin, you should speak with a reliable local attorney in South Milwaukee, 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 a Complaint: Once you have decided to go through with filing a lawsuit in a South Milwaukee, Wisconsin court, you need to draft a complaint, with the help of your lawyer. A complaint is typically the initial step in actually filing a lawsuit. The complaint is the plaintiff's first opportunity to lay out the allegations against the defendant. If a complaint doesn't allege facts that add up to a legitimate lawsuit (that is, even if everything alleged in the complaint is true, the defendant has still not committed a legal wrong that the court can compensate), the case will have to be dismissed. When a case is dismissed for this reason, the court typically gives the plaintiff a chance to re-submit the complaint, with the errors corrected.

Serving The Defendant: Once you have drafted your complaint, you need to serve the defendant with it, and file it with the court. South Milwaukee, 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.

Awaiting the Defendant's Response: Once a lawsuit has been filed, and the defendant has been served in South Milwaukee, 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 South Milwaukee, Wisconsin Tort Lawyer Help?

As you can see, it can be an intricate and difficult process to file a lawsuit in South Milwaukee, Wisconsin, and it is, in fact, much more intricate than the basic outline you just read.

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 South Milwaukee, Wisconsin attorney.