Litigation Lawyers in Waukesha County
Residents of Waukesha County, Wisconsin who suffer legal wrongs are usually legally entitled to compensation for harm they incurred as a result. This compensation is usually 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 Waukesha County, Wisconsin civil litigation attorney first.
Once you hire a Waukesha County, Wisconsin litigation attorney, he or she will be able to advise you on your chances of succeeding in your lawsuit. Furthermore, your lawyer can inform you on what a lawsuit is likely to cost, both in time and money. Obviously, your lawyer has some control over what it will cost you, based on their fees, and whether they bill an hourly rate, or charge on a contingency rate.
Steps for Filing a Lawsuit in Waukesha County, Wisconsin
Consultation With Your Attorney: Before filing any case in Waukesha County, Wisconsin, you should talk with a local attorney. Your Waukesha County, Wisconsin attorney will be able to advise you on the merits of your lawsuit, and your chances of success.
Drafting the complaint: In Waukesha County, Wisconsin, once you have decided to file a lawsuit, the initial thing you usually 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 usually 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 typically 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: When you have determined that you want to file a lawsuit in Waukesha County, Wisconsin, and have drafted the complaint, your next important step is to file the complaint with the court, and serve it on the defendant. The defendant must be given at least several weeks' notice that they're being sued, and as much time to review the complaint. This is a matter of general fairness and due process, and allows the defendant to hire a lawyer and get to work on a defense. The law requires that the defendant be served in a few specific ways. The initial choice is to give it to them in person. This has to be done by a person who does not have any direct involvement in the lawsuit. If that isn't possible, the defendant can be served by giving the complaint to another adult member of their household; this is called substituted service.
Await The Response: The defendant has a certain amount of time to respond to your lawsuit, once they confirm that they've been served in Waukesha County, Wisconsin. The defendant will likely respond with an answer to your complaint. An answer is a document in which the defendant admits or denies the specific factual allegations made by the plaintiff. Typically, the defendant will admit the allegations that are not seriously in dispute (for instance, if the lawsuit concerns a car accident, they'll probably admit that an accident did, in fact, take place), but deny the more serious allegations (they'll probably deny that they were responsible for the accident). If the defendant fails to respond within a set period of time, they are in "default," and basically lose the case automatically.
How Can A Waukesha County, Wisconsin Tort Lawyer Help?
This simple outline is meant to give you a basic idea of what goes into filing a lawsuit in Waukesha County, Wisconsin, but it is by no means a comprehensive guide.
Therefore, it's always a good idea to talk with a Waukesha County, Wisconsin litigation attorney if you are contemplating filing a lawsuit against a person or company.