Injured? You should know that filing a lawsuit is a serious decision that shouldn’t be taken for granted. It’s something that you should think with great care. Likewise, aside from calling the help of a reputable firm, such as Abels & Annes, it’s also important to familiarize yourself regarding the steps that should be taken when filing a lawsuit, and we’re here to discuss just that.
Step 1: Evaluation
The first step regarding filing a lawsuit is for you to decide whether you have a good case or not. Likewise, even though it might seem that you already have a good case, it’s still important to think about it first– if it’ll be worth the time, energy, and money even if you win the case
It’s also important to refrain from making an emotional decision. Keep in mind, the legal system doesn’t care about your feelings.
Step 2: Talk the Person You’re Going to Sue
Before going to the court, try to see if it’s possible to work things out. If you don’t want to personally meet the person, you can also send a “demand letter” and just put in writing what you’re asking for.
Step 3: Gather the Evidences
Make a list of the possible evidences that you can use to support your claim– this could be writings, documents, objects, photographs, records, and so on. If possible, try to locate the evidence, or figure out where it exactly is– whether it’s in your possession or not.
Step 4: Determine the Expenses You’ll Incur
Know that you’ll also have to allot some cash when filing a lawsuit– this includes all the costs related to filing fees. Do you have a reserved savings for it? Or would you end up taking some money from your business?
If you’re short in case, will there be someone who’d be ready to loan you some money? Check your lawsuit; is there anything that would qualify you for an aid when it comes to paying for representation?
Step 5: Find the Right Court for You to File a Claim
When filing a lawsuit, you have to determine which county’s small claims court is the right one for your case- and you’ll have to file a lawsuit in this court.
What is the importance of this? Filing your claim in a different court would increase the chances of having your case dismissed, and because of that, you’ll have to refile in the correct court once again.
Step 6: Check if the Lawsuit Is Timely
Some lawsuits should be filed within a given period of time– this is known as the statute of limitations. These statutes differ from one jurisdiction to another, and on the type of lawsuit being filed.
Failure to file within the proper statute of limitations would result to the dismissal of the lawsuit.
Step 7: Try to Settle Your Dispute with Less Costly Means
Aside from filing a lawsuit, are there other ways for you to resolve the dispute? If it’s possible, try to come to an agreement with the other party involved. You can also consider hiring a mediator– these are trained professionals that could help you resolve an issue without filing a lawsuit.