Difference between revisions of "File a Lawsuit"

#* If you were injured because of someone else’s [[Prove Negligence|negligence]], and you to suffered damages because of the negligent conduct, you should look for a personal injury lawyer.<ref name="rf1">http://www.americanbar.org/groups/public_education/resources/law_issues_for_consumers/injury.html</ref> Personal injury cases may include car accidents, malpractice, or injuries suffered in an assault.<ref name="rf2">http://www.alllaw.com/articles/nolo/personal-injury/kinds-of-cases.html</ref> If your injury occurred while you were at work, the personal injury attorney may refer you to a worker’s compensation attorney or handle the case jointly with them.

#* If you are unsure of what type of case you have, look for a general practice attorney. These attorneys handle a variety of different kinds of cases and may handler your case herself or refer you to another lawyer.<ref name="rf3">http://www.alllaw.com/topics/legal</ref>  

#* Take notes during the meeting.<ref name="rf4">http://www.cccba.org/community/find-a-lawyer/get-prepared.php</ref>  

#*Does the agreement  describe how you can fire your lawyer and what will happen if you do?<ref name="rf5">http://www.lawyerquality.com/article_retainer_agreement/</ref>  

#*If you are judged to be mentally incompetent because of age, disability or illness, you will need a guardian, trustee or executor to participate in a lawsuit.<ref name="rf6">http://www.courts.ca.gov/9616.htm</ref>  

#Make sure you have legal standing to sue. The requirements for standing are established by each state. Generally, to sue in state court a person must have been injured, or will be directly injured or harmed. There must also be a way to redress or compensate for the injury.<ref name="rf7">https://www.law.cornell.edu/wex/standing</ref>

#*For example, if a person or entity caused you physical harm, didn't hold up their end of a contract, or didn't pay you what you were owed then you may have legal standing to sue.<ref name="rf8">http://www.law.cornell.edu/wex/standing</ref>

#Decide in what court to file your lawsuit. The court in which you file must have subject matter jurisdiction, or the legal jurisdiction to hear the type of case you are filing. Most cases will be filed in the state where you live.<ref name="rf9">http://litigation.findlaw.com/legal-system/federal-vs-state-courts-key-differences.html</ref> Federal courts hear specific types of cases, including the following:

#*Cases that arise under federal law, such as those concerning federal civil rights statutes, patent laws, antitrust laws, federal tax claims, or constitutional issues.<ref name="rf10">http://www.nolo.com/legal-encyclopedia/subject-matter-jurisdiction-state-federal-29884.html</ref>  

#*Cases in which the plaintiff is suing a defendant who is a citizen of a different state or country for an amount over $75,000.<ref name="rf10" />

#*If you are unsure whether to file in state or federal court, or which state to file the suit in, talk to an attorney.<ref name="rf11">http://www.nolo.com/legal-encyclopedia/personal-jurisdiction-where-sue-defendant-29560.html</ref>

#Find the right venue. Venue refers to the county or judicial district within a state where the lawsuit must be filed.<ref name="rf12">http://www.nolo.com/legal-encyclopedia/state-courts-venue-rules-govern-29656.html</ref> Sometimes, multiple courts meet the venue requirements for a case. These requirements are:

#*In cases in which multiple venues are appropriate, choose the one that is most convenient to both you and the defendant, or talk with your attorney about which one they think would be best.<ref name="rf12" />

#Draft the summons. A summons is written notice to the party being sued and the court stating that the complaint has been filed and therefore the lawsuit has commenced.<ref name="rf13">http://nationalparalegal.edu/public_documents/courseware_asp_files/researchLitigation/PreTrialPractice/Summons.asp</ref> You should note that not all jurisdictions require that you file a summons along with the complaint.

#*You should set forth your legal claims/causes of action such as negligence or breach of contract. You should also identify the specific laws that you are relying on to bring your lawsuit.<ref name="rf14">http://www.nysd.uscourts.gov/file/forms/pro-se-litigants-manual</ref>

#*Include your signature and date. After you have completed your complaint, you must sign and date the document. You should also type or print your name beneath your signature.<ref name="rf15">http://www.nced.uscourts.gov/pdfs/proseGuide.pdf</ref>

#Draft a Certificate of Service. You must create a separate document with a caption and document title of “Certificate of Service.” This document must state that you sent a copy of the complaint to the defendant and describe the how and where the defendant was “served” with the complaint. Your certificate of service should be included with your complaint.<ref name="rf15" />

#* Pay a filing fee. Most courts will require that you pay a filing fee to commence an action. You should bring the fee in the appropriate form to the court at the time of filing. You may also be able to file for a waiver of the fee.<ref name="rf16">http://www.scscourt.org/self_help/civil/lawsuits/plaintiff.shtml#where</ref>

#Serve the complaint on the defendant. After you file the complaint, you must legally provide a copy to the defendant in a manner set forth by state law. It is imperative that you properly serve the defendant or your lawsuit may be deemed invalid.<ref name="rf17">http://family.findlaw.com/divorce/filing-and-serving-the-divorce-dissolution-petition.html</ref> Generally, methods for service of process include:

#* Service by mail. Many jurisdictions allow you to serve parties to a lawsuit by mail. Typically, you would send the document by U.S. mail, “return receipt requested,” so that you can demonstrate for the court that the document was delivered to the residence of the defendant.<ref name="rf16" />

#*Attorneys for the parties will send written questions and requests for documents. Your lawyer should meet with you to discuss these requests and draft your response. You may have to sign a verification swearing that you answered the questions truthfully.<ref name="rf18">http://www.americanbar.org/groups/public_education/resources/law_related_education_network/how_courts_work/discovery.html</ref>

#Choose a jury. If either party requested a jury trial, one of the very first events in the case is the selection of the jury. It is important to note that opposing attorneys can agree on a jury member, but their only really power is to strike jurors that they think will hurt their case. For instance, in a medical malpractice case, injured parties don’t want medical personnel on their jury because they want their expert explaining the medical condition.<ref name="rf19">http://www.kkcomcon.com/doc/ksympatheticjurylaw360.pdf</ref>

#Present and cross-examine witnesses. Both parties will have the opportunity to present witnesses to support their version of the case. The opposing party will then have the opportunity to cross-examine the witnesses and attempt to show that they are not credible or that they are biased.<ref name="rf20">http://www.azalaw.com/pubs/zavitsanos/D.pdf</ref>

#Receive a jury verdict. Once both parties finish their closing arguments, the judge or jury will take some time to make a final decision on the case. The jury will decide whether the plaintiff proved his or her case, and if so the amount of damages that they are due. Once the verdict is rendered, the trial is over.<ref name="rf21">http://www.americanbar.org/content/aba/groups/public_education/resources/law_related_education_network/how_courts_work/verdict.html</ref>