Intentionally or unintentionally, people involved in disputes; whether it is financial issues, family issues or accidents and injuries, often comes at a judgement and decide to sue.
Keep in Mind
But there are many things that one needs to keep in mind before file a lawsuit.
You need to find out first do you have the right to sue the person or company you have a dispute with?
The US government states that if you want to sue anybody, you need to have a “standing” first.
Standing means that are affected, cheated or harmed by the person you want to sue so that the court will have a way to compensate you for your loss generally by imposing penalty on the liable party.
You can file a lawsuit on behalf of other.
The Process to file a lawsuit:
To file a lawsuit, the plaintiff first file a complaint with the court describing how the other party had damaged or injured, and serve the copy to the defendant.
Plaintiff may plead for money to compensate his damages or ask the court to order defendant to stop the conduct which is causing harm.
According to the plaintiff’s situation, the court may also ask for other type of relief such as declaration of legal rights.
Case preparation starts with “discovery “process.
In discovery process, litigants are asked to provide the information to each other about the case such as documents related to case and the witness identity.
Main purpose of discovery process is to prepare both the parties for the trial and make their evidence and witness ready.
Court encourages to avoid the delay in time and expense and first ask to settle down the dispute between both the litigants.
Court advise them to resolve the issue through mediation, arbitration or other options for resolution of dispute.
However, if litigants do not agree to resolve their issue personally, trial proceedings start.
And it depends on the judge which information to be presented in the courtroom which helps in getting the fair result.
Once all the evidences are heard, both the parties give their closing statements.
In the jury trial, judge will explain all the laws relevant to the case and then the jury will take the final decision.