The Steps To File A Lawsuit

A legal procedure to claim compensation, monetarily, for damages suffered by an individual due to somebody else’s negligence or intentional actions, is called “Lawsuit”. Filing a lawsuit can prove to be very expensive. Unless there is a very strong reason to file it, one should look out for other alternatives. In case you need to file a lawsuit, here’s what you should do:

  • Find And Hire The Right Attorney

The very first step towards filing a lawsuit is to find the right attorney. You should look for an experienced lawyer who has taken up cases like yours in past. Review their records and refer to a few old clients to get their feedback. It is important that you hire an attorney beforehand. You definitely don’t want to regret that you needed a lawyer and you didn’t hire one. It may happen so, that you may not even have to proceed in the court. In such a case, your lawyer can guide you through the needful, otherwise.

  • Build Up Case

Before you file a case, you need to know whether you have the legal capacity to do so. You must be of legal age. Get proofs and pieces of evidence to make up your case. An attorney can help you with the investigation, convincing witness, and filing reports to make your case stronger. You need to be honest with your attorney and should tell them every detail of the case that you have with you.

  • File The Lawsuit

Now that you have your case, you can file a lawsuit. You can check with your state court or explore their website to get the list of documents you need to submit. There may be some special documents that you may need to provide depending upon your case. But there are some pretty common steps that are mandatory to all: 

  • Drafting summons: You need to inform your defendant that you wish to sue them.
  • Drafting the complaint: You need to tell the court that you and your defendant has a dispute that you cannot settle mutualy.
  • Drafting a certificate of service: You have to tell the court that you have served the complaint to the defendant as well. This certificate is enclosed with the complaint and presented before the court.
  • Filing proof of service: The court may allow you to deliver the complaint to the defendant either by hand or by mail through U.S. Mail only. You shall produce a countersigned receipt received from the defendant.

Now that you have filed the lawsuit in the court, the court will proceed with your case. During the proceedings, you may need to participate in the discovery process of your case. This is a pre-trial phase, where both the parties seek information about the case and present their part of the story before the court. Following the discovery process starts the motion and hearing of the case. You have the right to ask for a jury while filing your case with the court. The jury will decide if your claim is legit or hoax, and accordingly would give their verdict.

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