How to File A Civil Suit Against Someone
If you were wronged by a person or company, you can file a civil suit to seek compensation for your loss.
Let’s take a closer look at how to file a civil suit against someone.
There are different kinds of lawsuits. Criminal lawsuits are generally brought by the state for crimes against the state. They are usually tried by juries and can result in jail or prison time. Crimes must be proven “beyond a shadow of a doubt.”
Civil cases, on the other hand, are usually brought by one person against another for disputes over legal duties and responsibilities owed to that person. Most civil cases are tried by judges although a jury could sometimes be involved. The damages sought are usually monetary. And the guilt needs to be proven by a “preponderance of evidence” meaning it is much more probable than not.
Let’s take a closer look at how to file a civil suit against someone …
How to File A Civil Suit Against Someone
The first thing to ask yourself is, have you tried to settle your dispute with the other person without having to resort to a lawsuit? Going to court may not be necessary. Most people would try to resolve disputes on their own before considering the legal process.
If someone owes you money, for example, you may want to consider some form of payment plan. You will still get your money even if it takes a little longer. And it still will probably be faster than going through civil court.
Depending on your contract or agreement with the other party, you may not be able to sue because of provisions like mandatory arbitration or mediation designed to avoid the court process.
There may be a clause or provision for Alternative Dispute Resolution that prevents you from going to court. So, you should know if any such provisions exist before considering court action.
You can’t sue for just being “wronged.” If someone promised to give you an amount of money, like $100, the court will not force that person to pay you (essentially giving something for free).
If you were in a car accident and it was someone else’s fault, you cannot sue unless there were injuries to you or damages to your car.
If you think you do have a legal claim, you need to consider whether you have a strong case. Do you have evidence to prove your case? Do you have papers or documents to support your claim or witnesses who are willing and able to testify at a trial?
You need to know some specifics about your case. If your claim is a breach of contract, you have to prove that there was a valid contract,to begin with.
Does your opponent (the defendant) have the money or resources to pay you if you win your case? It would be a waste of your time, otherwise, if you seek only the compensation for your loss.
You may still want to sue just to validate that the other person was wrong.
You have to decide who it is that you will be suing. If you are hit by a truck, you may want to sue not only the truck driver but his employer and/or the owner of the truck (if the driver was on company business at the time).
You should know or learn what the statute of limitations is for your state. Each state has its own statute. If you wait too long, you will be unable to file the lawsuit. Usually, you have at
Prepare to File Your Case
Civil cases can be complex. It’s a good idea to hire an attorney to help you navigate the court process, especially in cases like medical malpractice or serious injury.
Many, if not most, attorneys offer free consultations so you can interview them until you find the right one for your case. An attorney referral service can save you time and energy (and maybe money) by referring you to an attorney already known to be certified and experienced in your area of law.
You have to decide which kind of court you should file with. State courts deal with cases like personal injury, breach of contract, landlord-tenant issues, and probate issues.
Federal courts deal with government organizations including police forces in situations like civil rights issues or unlawful discrimination.
You also have to determine what location and which level of court you should file with. If you were injured in another state, you should probably file in that state.
Small claims court usually hears claims for monetary damages up to approximately $5,000 although states can have different limitations. District courts usually hear cases up to $25,000. Larger claims may be handled by circuit courts. Federal cases are held in district courts.
Filing Your Case and Going to Court
You file your complaint with the appropriate court. You then have to serve the defendant with a notice you are bringing a lawsuit against him or her.
You then need to gather evidence for your claim. You request evidence from the other party (called discovery) that allows you to get more information you feel is important to your case. This can include questionnaires (interrogatories) and oral questions that must be answered in person and/or under oath (depositions).
You can also submit “requests for admission” to the other party that requests that party to admit under oath that the facts stated are true.
Depending on the facts of your case, you may file a “motion for summary judgment” that says you believe there are no issues of material fact that need to be considered and you are asking the judge to make a decision based on the law only.
Before and even during the court process, you can still try to work out an agreement with the other party, and this can be done perhaps more effectively with an attorney at your side. Many cases are settled before trial and others are settled during the trial, sometimes with the urging and the assistance of the judge.
The trial itself involves making an opening statement to introduce yourself and your case. You present evidence of your claim. You can call your own witnesses and “examine” them, and you can “cross-examine” any witnesses your opponent has.
At the end of the trial, you give a closing statement, your last chance to address the judge or jury. This closing should be based on the evidence presented at the trial.
If you do not win your case, you may still appeal the decision to a higher court. An attorney can help you decide if an appeal is a right decision for you.
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