How To File a Lawsuit?

A lawsuit is a formal action that is brought to a court; this is where a body named the plaintiff claims that they have been wronged in some fashion and are seeking repayment for the sum or more so of what has been wronged against them. For example, in a civil action case, if an individual is suing a defendant for damages and stolen money, the individual can sue for the entire amount, and more so if processing and other costs were incurred.

After the lawsuit is filed with the court, there is an initial trial in which all the evidence is presented to a judging body, in order to receive clearance that a trial can continue. If there is enough evidence, lawsuits can then be pushed through to formal trials.

At the trials, the lawsuit is brought up and explained in entirety; from there both the plaintiff’s representative and the defendant’s representative have the ability to argue their points and provide evidence that they deemed necessary, in order to sway the court to agree with the points they’ve made.

At the end of a trial, the verdict is handed down by the jury, regarding whether or not the defendant is guilty of what the lawsuit states. Lawsuits can be made against individuals, businesses, large companies, and in certain cases against states or government agencies. Lawsuits are an important part of the legal system because they are the way in which individuals are allowed to fight for their rights.

Background on How to File a Lawsuit:

An individual in the United States can file a lawsuit for several reasons. Personal injury claims, disputes over contracts (landlords/tenants or service-based contracts) and seemingly any other incident that results in bodily injury or the loss of wages/monies can be evaluated by a civil court in the United States. Although there are a number of factors that precipitate a lawsuit, the process for how to file a lawsuit rarely fluctuates.

The uniformity present in the process of how to file a lawsuit refers to the broad steps in the court proceeding. That being said, all states and jurisdictions within those states, implement variations in regards to the subtleties of the process. Because of these fluctuations in procedure, it is necessary to get a grasp on your particular court’s civil process. Below is a description of how to file a lawsuit in a uniform or broad sense. These steps will expedite the filing of a claim and enlighten you to the process of a lawsuit.

The Filing of a Complaint:

A lawsuit is initiated by an action; to file a lawsuit you need grounds for legal action. Typical reasons, as stated above, include any actions (negligent or direct) that breached a contract or law that resulted in an injury or loss of monies. Individuals file lawsuits to recoup damages or losses associated with another entity’s actions. If an entity (business or individual) precipitated a loss of funds or an injury as a result of their actions or failure to act, you may have grounds to file a lawsuit.

The first step on how to file a lawsuit begins with the drafting of complaint and the issuance of a summons. The complaint establishes the grounds for the lawsuit; it will cite what law is broken or right is infringed upon and labels the party responsible. Referred to as the “cause of action”, the complaint will also state the injuries or damages sustained and the type of remedy sought. Furthermore, the complaint also states why the particular court (the plaintiff must file with the appropriate court) maintains jurisdiction and the authority to evaluate the case.

In addition to the complaint, the plaintiff will file a summons with their clerk of court. The summons serves as a legal notice and essentially tells the defendant that legal action has been brought upon them. The summons directs the defendant to file a response with the particular court on a specific date. The summons, which must be formally served or delivered to the defendant, formally notifies the defendant of a pending lawsuit.

Once the defendant receives the summons, he or she has a specified period of time to respond. The defendant’s answer may deny the charges, assert a defense, or file a motion asking the court to dismiss the lawsuit. Along with these answers, the defendant may also submit a counterclaim, which shifts an evaluation of liability from the defendant to the plaintiff. In summation, the defendant must respond to the court in some fashion; failure to respond will result in a default judgment issued against the individual.

Discovery Phase:

Once the defendant’s answer is received by the court, a trial date is established and the discovery phase will commence. During this phase the two parties will exchange preliminary evidence (witness testimonials and any evidence that is pertinent to the party’s claims) to forecast the path of the trial. The majority of lawsuits are settled during the discovery phase; litigants are often unwilling to incur legal fees so, after observing the evidence, they will embark on a settlement.

Trial Phase:

If a settlement is not reached and pretrial conferences do not yield a resolution, the case will be called to trial. When the case enters the trial phase, a jury will be selected to hear the facts of the lawsuit. A jury may not be included in the lawsuit if the parties have agreed to have the case evaluated solely by a judge. After the trial’s formation has been selected, each side makes an opening statement. These statements are essentially summaries of what each party will establish during the trial. Once the opening statements are heard, the litigants will engage in a back and forth to exonerate liability issues.