How Do You Sue Someone?
How do you sue someone, anyway?
If you have experienced some wrongdoing, you may be wondering how to sue someone for your losses.
In this article, we’re taking a closer look at this question so you know how to proceed.
How Do You Sue Someone?
No one looks forward to filing a lawsuit with excitement, even if the potential payout is high. Still, having the right to sue is important; sometimes, it is the only way to stand up for your rights and seek compensation when someone harms you.
The state of California makes it relatively easy to sue another party when they have harmed you. However, the state’s complex legal system can make figuring out exactly how to file your lawsuit and initiate the process complex. Follow this step-by-step procedural overview to ensure you know how to proceed.
Do You Have the Legal Grounds to Sue?
In the state of California, only people who meet certain requirements have a legal right to sue another person or business in civil court. You must:
-
- Be a legal citizen of the United States (natural-born or otherwise).
- Have legal capacity (the right to make legal decisions for yourself).
- Be at least 18 years of age or older at the time you file your lawsuit.
- Have legal standing to sue according to the laws of your state.
If you do not meet even one of these requirements, you may not have the right to sue someone yourself. However, there are almost always options, so it’s best to speak with a lawyer before you give up on the possibility altogether.
We’ve mentioned that people in California must meet certain requirements in order to have the right to sue. Some of these, such as being at least 18 years of age, are straightforward and easy to understand. Legal standing, however, is more of an umbrella term that deals with whether or not the merits of your case meet the requirements for a lawsuit in the first place.
The most obvious qualifier here is whether you were directly affected by the issue that brought you to the courts in the first place. If the issue did not affect you but affected someone else instead, that individual must be the one to file the lawsuit.
Exceptions apply to this qualifier in three key scenarios: when a parent sues on behalf of a child, when a caretaker sues on behalf of someone under their guardianship, and when a person files a class-action lawsuit on behalf of others. To simplify, here are two real-world scenarios:
-
- Good Legal Standing: You are struck from behind by a vehicle who failed to stop because they were intoxicated. In the process, you suffer from a broken spine. As a result of the accident, you lose the ability to work and accumulate heavy medical bills. You have the right to sue for lost income, medical bills, and perhaps even pain and suffering because the person who struck you was negligent.
- Poor Legal Standing: You witness an accident on the way to work in which the same drunk driver strikes another vehicle, severely injuring the driver. You stop and provide emergency aid to the driver until the ambulance arrives. Although you lose a few minutes of time at work that day, you are not otherwise directly affected.
Negligence and Loss
In addition to being directly affected, you must also have experienced some form of loss. Loss can be concrete and financial (such as when you lose the ability to work, and thus, lose out on income) or it abstract (such as when you experience great pain and suffering that causes you to become unable to enjoy your life).
Proving loss isn’t always easy. In almost all cases, you must be able to show, with evidence, that the other party’s negligence caused your loss. For example, you can sue someone for throwing your smartphone into a pool out of anger. You wouldn’t have legal grounds to sue someone for the loss of income if you decide to quit your job after being injured in an accident, even though you were fully able to work.
Negligence can also be confusing and somewhat difficult to pin down. It doesn’t always mean that the other person set out intending to do you great harm, although that certainly qualifies. It can also mean they failed in their duty of care and/or that they did not take reasonable safety measures.
For example, someone who inadvertently falls asleep in your house while smoking a cigarette, causing a fire, probably didn’t set out to cause a fire. Yet, smoking in bed is inherently risky, and most courts would probably agree that the act of falling asleep while smoking is inherently dangerous. This makes the person smoking negligent and responsible for causing the fire.
In the eyes of the law, “damages” are the solution for loss related to the negligence of another party. This is why you “sue for damages” when you sue someone in the civil court. You are essentially asking someone to make good or correct the loss you experienced by replacing property, returning an item, paying you money, or otherwise compensating you in some specific manner.
Over the next few sections, we’ll tell you about the actual process of filing and following a lawsuit, from initial complaint to having your day in court.
Identify Your County’s Court
In order to file an official lawsuit, you need to first identify the jurisdiction as well as which local courthouse is responsible for handling your claims:
- Go to the California Court’s website and enter your zip code into this tool.
- Scan through the results carefully.
- Identify the courthouses closest to you, and then look for an option with “Civil” listed under the heading “Matters Served.” This is your venue.
Jurisdiction depends largely on where the injury or loss occurred. For example, if you are injured by someone in Burbank, California, yet you live in Irvine, you may need to file your case in Burbank. The County Clerk’s Office can help you identify the correct jurisdiction if you aren’t sure.
Draft an Initial Complaint
Once you’ve identified the right jurisdiction and venue, it’s time to fill out an official complaint. You have two main options:
-
- Print out a copy of Form SC-100 and fill it out carefully. Then, bring the document to your local courthouse or county clerk’s office.
- Gather your evidence and bring it to your county clerk’s office. A processing agent will request basic information about your case to ensure you are provided with the correct forms.
After you fill out the form, return it to the clerk. He or she will charge you a small fee to file it with the courts. You will also be given a copy of the complaint as well as a document outlining your intent to sue; keep these documents as you will need them.
Notify the Person or Entity You Are Suing
The last step in officially filing your lawsuit is to notify the other party. You cannot serve the other party because of your involvement in the case.
If you do, the defendant may be able to request to have the case thrown out. Instead, you should hire someone who has the legal authority to complete the service process on your behalf:
-
- A process server.
- A friend.
- A family member.
- Someone you work with.
- An off-duty sheriff, marshall, or police officer.
- A lawyer, paralegal, and/or legal representative.
- Some other person who is at least 18 with legal capacity.
After you serve the defendant, they have a short period of time within which to “answer” the complaint via the courts. They can ask the courts to dismiss the case if they believe you lack legal standing or failed to follow legal protocol.
They may also offer a settlement, request mediation, or even admit fault. Be cautious of accepting offers or settlements without the advice of an attorney. Not all are beneficial to you.
Conclusion
If the case proceeds to court, both of you will be given a chance to present your evidence, call witnesses, and support your case. The judge will then review the information and make a judgment for the plaintiff (that’s you) or the defendant (the person you are suing). This decision is generally considered final.
Are you in search for a certified attorney to represent you?
Let us help you find one today!