If you have been harmed by a person or corporation in a way that violates the law, you are able to file a lawsuit with the court that has the power to do so.If you win your case, the court will try to get the person who caused you harm to pay you money.It is important that you understand the steps involved before filing a lawsuit.If you have any other recourse available to you, it is a good idea to avoid the process.
Step 1: You can find out if you're allowed to file a lawsuit.
If you are about to file a lawsuit against a company, make sure you read the contract carefully to see if it has a mandatory mediation provision.You can't file a lawsuit if the provision requires you to resolve disputes out of court.Many contracts with banks, insurance companies and service providers include mandatory mediation provisions.You have the option of pursuing the method of dispute resolution allowed by the contract if you find a contract provision prohibiting you from suing.Most contracts with major companies allow for the resolution of disputes.It could be difficult to win a case against a powerful opponent if your rights to discovery are severely restricted.
Step 2: Do you have a valid claim?
If you have a valid claim, you must file a lawsuit.If there is a law that supports your claim, it is valid.If someone promised to give you $100 and then failed to do so, you won't be able to file a lawsuit unless the promise was part of a binding contract.If you were involved in a car accident but were not injured, you will not have a valid claim because the law requires you to prove that you suffered damages.If your case is frivolous, meant to harass the other side, or lacks merit, you don't have a valid claim.The court will likely order you to pay fines and attorney fees if you file a lawsuit under those circumstances.
Step 3: If the statute of limitations has expired, examine it.
A statute of limitations limits the amount of time a person has to file a lawsuit.Even if you have a valid claim, you won't be able to file a lawsuit once the statute of limitations has expired.Depending on the laws of your state, the time period for filing a lawsuit can vary.Statutes of limitations for various types of lawsuits can be found on the website of the court in which you wish to file a lawsuit.In California, a personal injury suit can be filed within two years of the injury, and a breach of contract suit within four years.If you file your lawsuit within a year from the date of harm caused, no matter what type of claim you have or what state you live in, you will be okay.
Step 4: Who can be sued?
All of the possible parties that could be legally responsible for your harm should be considered before you decide who to file a lawsuit against.If you win your lawsuit, you should take into account the resources of each party to determine if they have enough money or assets for you to collect a judgment.If you were involved in an accident with a truck driver, you may be able to file a lawsuit against him, as well as his employer, if he was working at the time of the accident.It is possible that the employer is in a better position to pay the judgement.
Step 5: Assess the strength of your case.
Even if you have a valid claim, the costs of a lawsuit may not be worth it.If you have evidence to back up your claim, consider it.Is there anyone who would be willing to testify in court?Will it be possible for you to view the papers you plan to present?Find out what you need to prove to win your case.You will need evidence to win your case.If you want to file a lawsuit for breaching of contract, you need to know if the evidence shows the contract was valid.If you win your lawsuit, you can collect a judgment if the party has enough money or assets.The cost of attorneys' fees should be taken into account when hiring a lawyer.
Step 6: If you want to settle your differences outside of court, try it.
It might be possible to resolve the conflict outside of court by simply talking to the other party.If you think it is possible to reach an understanding with the other party but would like a professional to guide the conversation, consider mediation.If you would like a third party to make a decision for you, but are concerned about the money and time you will lose in filing a suit, it may be a good idea to use an alternative method.A neutral person called a "mediator" facilitates a discussion between the parties in mediation.The only purpose of the mediation is to help the parties communicate.When emotions are interfering with the resolution of the dispute, mediation is useful.If one of the parties has power over the other, mediation may not be effective.An impartial person called an "arbitrator" decides the outcome of a dispute after each side has had a chance to present their side of the story.It is more informal than a trial.It is ideal for cases where the parties want another person to decide the outcome of their dispute without having to go to trial.
Step 7: An attorney is a good idea.
When filing a claim in civil court, it is advisable to hire an attorney.If your case qualifies for small claims court, you don't need an attorney.Small claims court is designed for suits in which a relatively small amount of money is at stake.It can't be used to ask for emergency relief, such as an injunction to stop an illegal act.If the amount of money in dispute is less than $20,000, you may still prefer to not have a lawyer.If the fees exceed the judgement, it would make sense to hire an attorney.It's worth it to meet with an attorney to find out if it makes sense to hire a lawyer.It is possible to get representation for free or for a reduced fee.If you win your case, your attorney will represent you on a contingency basis, meaning that you will only pay attorney's fees if you lose.If you are covered by insurance, you will be represented by an attorney for the insurance company at no extra charge other than what you have paid in insurance premiums.You will need to consider your need for an attorney against the cost of hiring one.Take into account the complexity of the law, the consequences you will suffer if you lose the case, and the amount of time and energy that will be required to represent yourself when assessing your need for an attorney.If you win your lawsuit, you may be able to recover the cost of attorneys' fees.Regardless of your situation, consider hiring a lawyer who specializes in the area of law in which you want to file a lawsuit.The lawyer can give you an idea of the costs and benefits of self-representation.
Step 8: Pick a court that's right for you.
If a state or federal court has the power to hear and decide your case, you will need to file a lawsuit.Identifying what type of state court has jurisdiction over your claim is important.You should file your claim in the state where the actions occurred if the law is a state law.The majority of cases will apply to this.If you suffer injuries in a car accident in Texas, you should file a lawsuit there.You will need to file a lawsuit in federal court if the law is federal.It's less common to file lawsuits in federal court.Federal antitrust laws and discrimination are included in the cases.Identifying the appropriate court within the state is necessary for suing in state court.The courts vary from state to state.Small claims court is where claims with a relatively small amount of money should be filed.Medium-sized claims can be heard by a separate court and another court will hear larger claims.
Step 9: It's a good idea to file a complaint.
A document called a "complaint" is the first step in filing a lawsuit.The grounds or cause of action for your lawsuit can be found in a complaint.The rules of civil procedure for that jurisdiction require this document to be filed with the appropriate court.To find out what forms are required to file a complaint, visit your court's website.The instructions for filling out the forms should be read carefully.Depending on the rules in your jurisdiction, you may be able to submit the forms online through an approved service provider.You will need to deliver them to the court if you are not able to mail them.If you want to file a complaint, you will have to pay a fee.The exact fee can be checked by looking at the rules in your jurisdiction.
Step 10: The person should serve the person.
You must also serve the complaint on the other party.Depending on the type of case and the rules in your jurisdiction, serve the defendants by mail, personal service, or a process server.You will need the County Sheriff or a process server to serve the defendants if personal service is required.The complaint must be signed by the defendants or another adult at the same address.When the adult is present, you will need to arrange for service if a signature is required.
Step 11: An investigation can be conducted.
You will need to collect evidence to either prove or disprove your opponent's claim.Make a list of the elements you need to prove in order to win your case.Consider what kind of evidence may be helpful for each element.You will need evidence of the extent to which you were injured, such as medical records and photos, in order to file a lawsuit.Begin gathering your evidence by interviewing witnesses, collecting documents, taking pictures, and finding out as much as you can about your opponent without speaking to him or her.Through the formal process of discovery, you can request documents in your opponent's possession.This includes asking your opponent a series of questions either in writing or in person that he must answer under oath.You can send your opponent a request for admission, in which you ask the opposing party to admit that certain facts are true.You may need to use a "subpoena" if you want a non-party witness to turn over documents.The rules of discovery in your jurisdiction are usually found in the Code of Civil Procedure.
Step 12: A motion for summary judgement can be filed.
In a motion for summary judgment, the moving party argues that there is no genuine issue of material fact that would need to be considered by a jury and that a judge can decide the case on the basis of the law alone.The party who files the motion for summary judgment wins the case without having to go to trial.The motion for summary judgment is usually filed by the party being sued.The party who filed the lawsuit is more likely to oppose a motion for summary judgment.A summary of the facts supported by evidence is included in a motion for summary judgment.Once the motion has been filed, the other party is allowed to respond in an attempt to show that either the moving party's version of the facts is incomplete or that there is a genuine issue of material fact to resolve.The judge will make a decision after reviewing the arguments made by both parties.The case will be resolved in his favor if he rules in favor of the moving party.Depending on the jurisdiction, the exact procedures for filing a motion for summary judgment vary.You should check the Code of Civil Procedure in your jurisdiction.
Step 13: You can try to reach a settlement.
Even though you have filed a lawsuit, you can still try to reach an agreement with your opponent outside of court.Settlements are the preferred outcome since they allow both parties to avoid the high costs and long hours of a trial.Settlements will save you from having to navigate the complicated and unfamiliar procedures of presenting a case at trial if you are representing yourself.Scheduling "settlement conferences" is encouraged by judges.A settlement conference is when the parties and their attorneys meet with a neutral person called a "settlement officer" to discuss the strengths and weaknesses of the case and try to negotiate a settlement.You should consider the likelihood that you will prevail at trial before accepting a settlement offer.Settlement is likely to be your best option if you don't believe you will win at trial.If you are certain that you can win at trial, it is in your best interest to accept a settlement offer that is close to the value of the judgment you will win, so you don't have to go to trial.The opposing party may be more likely to agree to a settlement as the date of the trial nears.Defense attorneys have an interest in accruing hours before they convince their clients to settle.
Step 14: You can choose a judge or jury.
You can have your case heard by a judge or jury.To have your case heard by a jury, either you or the opposing party will need to file a pre- trial motion.If you are representing yourself, you would prefer to have your trial before a judge.A judge will be more willing to forgive mistakes you make if you fail to object to evidence presented by your opponent.Since the jury is more likely to be swayed by the emotion of the case, a jury trial may be a good option.
Step 15: Prepare yourself for the trial.
You will need to plan how you will present your evidence in a way that is persuasive to the judge or jury if you go to trial.Observe other trials.You should go to the courthouse to watch a trial before your trial date.This will help you prepare for the challenges you will face once your trial begins.The basics of courtroom procedure can be learned.Obtain a copy of your court's local rules so that you are aware of deadlines and formatting restrictions for the documents you submit to the court and rules regarding each stage of the trial.Make sure your evidence is accepted.You should research the rules regarding the admissibility of each piece of evidence you plan to present.In the event that the opposing party objects, prepare arguments in support of admitting your evidence.An opening statement should be prepared.Every trial begins with an opening statement from the defendants.The opening statement should give an overview of what the case is about and what your evidence will prove.You should highlight the weaknesses in the case by arguing that the evidence doesn't prove what she says.Prepare questions for the witnesses.Each party will need to inform the court of witnesses they plan to call at the beginning of the trial.For each witness you call, you will need to prepare a direct examination with questions that guide the witness to tell the facts that support your claim.For each witness called by the opposing party, you will need to prepare a list of questions that call into question their honesty or the accuracy of their version of the events at issue.The closing argument should be prepared.Every trial ends with a closing argument.The closing argument cannot be written until all of the evidence has been presented.The evidence presented at the trial should be used to explain why the evidence doesn't support the claim.
Step 16: You should consider filing an appeal.
A party that loses at trial has the right to request a higher court review and overturn the lower court's decision.It's called filing an appeal.The United States Court of Appeals hears appeals in federal court.Appeals are heard by different courts in different states.You can appeal to higher courts if you don't win on the first appeal.The highest court of appeal is the U.S. Supreme Court.In cases where the lower court made a significant error of law, the appellate court can only overturn the decision.They won't consider any evidence other than what was presented at trial.To file an appeal, you will need a brief in which you cite case law that shows that the lower court made a mistake.You can present an oral argument to the court.Appellate courts tend to follow the decisions of lower courts.It's even harder to win an appeal than it is at trial.If you want to file an appeal, you should hire an experienced attorney.