What is the first stages of a lawsuit?
The first stage of a lawsuit is the filing of the complaint. Before that occurs, clients undergo a firm’s intake initial consultation. We discuss that process in our initial consultation section.
Filing the complaint
A complaint outlines all the allegations plaintiff believes he or she has to make against the Defendant or defendants. This is primarily conducted by your attorney and does not involve much input by the client. however, unless there is a serious time issue, the attorney will likely submit the complaint for the Client’s review prior to filing.
Defendant’s answer
Depending upon how the Defendant was served, either within the state, or outside the state, the Defendant only has a specific amount of time to respond with the filing of an answer. Additionally, the method a Defendant is filed matters as well. If a Defendant is served in-person, they have 21 days to file an answer. If they were served through certified mail, they have around 28 days.
There is a huge caveat to these time periods, however. Almost ALWAYS, a Defendant will need time to obtain counsel. once retained, this counsel almost always either: asks our firm to agree to an extension of time to respond (which we always grant); or their attorney files a motion for an extension with the Court and is granted the extension anyways. Why do we grant these requests? Because it is professional curtesy. We might need an extension sometime in the future. And, being an asshole to the opposing attorney does not get you anywhere. It does not change the facts of the case, the amount of the injury, or the amount we will be able to obtain.
If Defendant does not file within the time period, Courts technically can issue a default judgement against the Defendant. However, they do not like doing so. First, it renders a decision which is not based on the merits of the case. second, it has an impact on the potential availability of insurance coverage for the claimed of injury.
Unless a Defendant is inexcusably late in retaining counsel and filing an answer, we may not suggest filing a motion for a default judgement. this changes if it has been months since the Defendant was served.
Contact The Lockwood Legal Group, LLC today!
If you think you might have a case, it is crucial you contact a qualified attorney right away. We understand litigation is often daunting to those who are not attorneys. but rest assured, we will be here for you all throughout the process. No one fights harder for their clients then attorneys of The Lockwood Legal Group, LLC.
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