Litigation Lawyers in Wisconsin Rapids
Residents of Wisconsin Rapids, 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 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 Wisconsin Rapids, Wisconsin civil litigation attorney first.
Once you hire a Wisconsin Rapids, 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 Wisconsin Rapids, Wisconsin
Consultation With Your Attorney: Before filing any lawsuit in Wisconsin Rapids, Wisconsin, you should speak with a local attorney. Your Wisconsin Rapids, Wisconsin attorney will be able to advise you on the merits of your lawsuit, and your chances of success.
Drafting a Complaint: Once you have decided to go through with filing a lawsuit in a Wisconsin Rapids, Wisconsin court, you need to draft a complaint, with the help of your lawyer. A complaint is usually the first 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 valid 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 usually 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. Wisconsin Rapids, Wisconsin requires that lawsuits be served on defendants in a certain 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 Wisconsin Rapids, Wisconsin, the defendant has time to respond. They usually 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 prove that you've suffered losses that warrant the damages you're asking for.
How Can A Wisconsin Rapids, Wisconsin Tort Lawyer Help?
As you can see, it can be a complicated and difficult process to file a lawsuit in Wisconsin Rapids, Wisconsin, and it is, in fact, much more complicated 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 consult with a qualified Wisconsin Rapids, Wisconsin attorney.