How to File a Lawsuit

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If you ever find yourself harmed in violation of the law, filing a lawsuit is one of the most effective modes of finding a solution. From domestic abuse help to assistance with theft, the scope of law is incredibly varied, meaning it can cater to even the most unique of cases. Despite this, filing a lawsuit isn’t something we’re ever taught to do, meaning many of us find ourselves confused in the instance that we’re required to file a lawsuit. What are the first steps and where do you turn? How do you afford legal aid and other expenses? Listed below are the steps on how to file a lawsuit. 

Hire a Lawyer

When you’re not familiar with the legal process, your first port of call is always hiring a lawyer. This is a person with years of legal training that they can use to guide you through a trial and win a verdict. Although having a lawyer on side won’t necessarily guarantee you a win, it certainly heightens your chances. 

With this being said, it’s imperative that you find the right lawyer specific to you and your case. As previously mentioned, the scope of law is incredibly varied, meaning that you’ll need to be careful about choosing your lawyer. There are many specialisms that lawyers can enter into, so you need to make sure you choose one with the appropriate spec. Furthermore, chemistry with your lawyer is important; this is the person that will be representing you, so you need to ensure that they’re capable of portraying you in the best possible way. 

Get Your Lawsuit Ready

Once you have your lawyer, the next step is getting your lawsuit ready. Your lawyer will be able to help you with this, but it’s always wise to have a good idea of what the process will be in mind. The steps of preparing your lawsuit include ensuring that you have the legal capacity to sue, ensuring you have legal standing to sue, deciding which court to file your lawsuit, finding the right venue, and making sure that you still have time to sue. Once you’re confident about each of these measures, you’ll be able to proceed with the preparation and filing of the lawsuit. 

Prepare and File the Lawsuit

Once everything is in order for your lawsuit, it’s time to start making physical preparations. These include determining which documents need to be filed, drafting the summons, draft the complaint, drafting the certificate of service, filing the complaint with the appropriate state court, serving the complaint on the defendant, and filing the proof of service. 

Ultimately, filing a lawsuit requires lots of complex legal documentation, even before the case begins. This is why it’s so important to get in touch with a legal professional, as the smallest hole in your documentation can result in a loss. This isn’t what you want after you’ve forked out for a load of legal fees and been legally wronged. 

Succeed in Court

The final step of filing a lawsuit is the trial itself. Succeeding in court involves participating in the discovery process, filing the pretrial motions, choosing a jury, giving opening statements, presenting and cross-examining the witnesses, giving closing arguments, and, finally, receiving a jury verdict. Upon the jury reaching their verdict, the case is over. Whatever they decide will translate into what follows, whether the guilty party has to complete community service, pay a fine, serve a prison sentence, or otherwise. 

With this being said, filing a lawsuit is a lengthy and complex process, and no two cases will be the same. Always follow the guidance of a trusted and experienced legal professional.