How to sue someone? Quick Answer:
- To sue someone, you must gather evidence, file a complaint with the court, and serve a copy to the person you’re suing. If you and the other person don’t agree on a settlement, you can then argue your case in court.
Summary
- If you have a dispute you can’t resolve, a lawsuit may be an option
- You must file and serve a complaint to start the process
- Working with a lawyer increases your chances of success
Have you become involved in a dispute that needs a legal resolution? It can be hard to know where to turn when you suspect that you need to sue somebody. In this article, we’ll explain the step-by-step process for how to sue someone, including when you need to hire a lawyer.
Step 1: Determine If You Have a Valid Case
Not every dispute is right for litigation, and there is no list of reasons to sue someone. Before you get started, you need to look at whether you have a legitimate reason to sue someone in court. Generally, lawsuits are filed when a party’s actions or negligence caused harm and the harmed party seeks compensation. For example, car accident lawsuits are often filed when one driver’s negligence caused an accident that harmed another driver.
Common reasons for lawsuits include:
- Personal injury. Also called tort law, these cases include car accidents, medical malpractice, work injuries, and more.
- Premises liability. Involves harm from dangerous property conditions. The most common examples are slip and fall lawsuits.
- Product liability. These cases are based on harm caused by defective products, and often include class action lawsuits.
- Breach of contract. If you had a formal agreement with another party and that party failed to hold up their end, then you may have grounds for a breach of contract lawsuit.
- Property damage. Incidents that cause harm to property rather than people are also common grounds for a lawsuit.
If you don’t have a legal background, it can be hard to determine whether a lawsuit you file is likely to be successful. A consultation with a litigation lawyer could help you decide whether your case is worth pursuing.
Small Claims Court May Be an Option
If the damages you’re seeking are below your state’s limit for small claims court, it could be worth considering filing a lawsuit via this route. Small claims court can be advantageous for a few reasons:
- Small claims cases tend to be resolved faster
- Litigating a small claims case is usually cheaper
- You represent yourself, so you don’t have to hire a lawyer
- Judges tend to be patient if you struggle with legal procedure
The limit for small claims court can vary greatly by state. For instance, if you’re in Delaware, you can sue for up to $25,000. But in Kentucky, the limit is just $2,500.
Step 2: Gather Your Evidence
To win a lawsuit, you have to support your claims with evidence. Start by collecting relevant documents, photographs, and witness statements. Your evidence should include any materials that can back up your claims.
The evidence gathering step is vital to build a strong case, and is something that lawyers are well versed in managing. If you aren’t sure what you need to prove your case, that is a good sign you may need legal assistance. Fill out the form on this page for a case evaluation.
Step 3: Consult a Lawyer
Do you need a lawyer to sue someone? Well, you can represent yourself in court, but you could risk your case outcome if you make mistakes. Consider consulting with a lawyer to see how they can help before you get too far down the road. Many lawyers offer free consultations before you commit to their services.
A lawyer can help you through every phase of your lawsuit, including:
- Gathering and organizing evidence
- Advising on a legal strategy
- Drafting and filing documents with the court
- Negotiating a settlement on your behalf
- Representing you at trial
ConsumerShield can connect you with a qualified lawyer in your area. Fill out the form on this page to get help today.
Step 4: File the Lawsuit
To initiate a lawsuit, you need to file a formal complaint with the court. This document outlines your case and the damages you seek. If you have hired a lawyer, they will draft this document for you and ensure that it is filed with the correct court. Different types of cases are filed with different courts, depending upon the court procedures in your local area.
A major consideration for filing a lawsuit is the statute of limitations. This is the law that sets a deadline on how long you have to file a lawsuit. Deadlines vary by state and case type, but are most commonly two to three years. However, certain factors, such as a tolling agreement, can pause or extend the statute of limitations, providing you with additional time to file your case if necessary.
In addition to filing the complaint with the court, you need to formally notify the person or business you are suing of the lawsuit. This is typically done by hiring a process server, but service rules vary across jurisdictions.
How to Write and File a Complaint
In a lawsuit, the complaint is one of the most important documents. In addition to identifying yourself and the defendant, you must include the “causes of action,” or the reason you’re filing the lawsuit. The causes of action must cover the elements you need to prove to win your case.
For example, imagine you are suing someone for personal injury. In order to win a personal injury lawsuit, you or your lawyer must prove the elements of negligence, which include:
- The defendant owed you a duty of care
- They breached that duty
- The breach caused your injuries
- You have damages to collect as a result
You also must list the losses you want to recover. For example, if the person you’re suing caused a car accident that then injured you, you might be suing for your medical bills and the income you lost while healing.
Once you have written the complaint, you must file it. Usually, you do so in the county where you live.
Drafting a complaint can be very difficult if you’re not a lawyer. Legally speaking, you may draft and file a complaint yourself, but an attorney can save you time and help you avoid costly mistakes.
Step 5: Prepare for Trial and Consider Settlement
In the time between filing a complaint and going to trial, a lot can happen. Both parties are able to file discovery requests, to which the other party must respond. The discovery process enables the parties to share evidence and relevant information. Either party can also file motions with the court to resolve procedural disputes or seek a pre-trial case resolution like dismissal.
This time period is also when many cases settle. According to research published by Cornell University Law School, over 87.2% of filed tort cases settle without a trial. While every case is unique, parties often choose settlement to avoid the cost and uncertainty of a trial. Lawsuit settlements are also more likely to pay out quickly compared to post-trial orders.
Step 6: Trial
Cases that proceed to trial will provide both parties an opportunity to present legal arguments, evidence, and witness testimony. Once all presentations are complete, a judge or jury will deliver a verdict.
After trial, a court may order the losing side to pay damages or take other actions. In some cases an appeal can be filed for review by a higher court.
Trials are guided by strict rules, and you should think carefully before proceeding to this stage without a lawyer. Fill out the form on this page to connect with a lawyer in your area.
