About Filing A Lawsuit
Civil lawsuits are resolved by awarding monetary compensation to the victim, or plaintiff, if it is proven to a judge or jury that the defendant's actions caused damages to the victim. They can be brought against individuals, business entities or nonprofit organizations. In general, lawsuits are filed when other methods of reconciliation have failed or when substantial or irreparable damage has occurred.
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Types
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When the amount being sought is a few thousand dollars, these cases are handled by small claims courts and are often filed without an attorney. Cases involving damages over $5,000 are handled by county or superior courts. Although you are not required to have an attorney, this rarely occurs since there is more at stake in these cases.
Function
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Most civil lawsuits are filed by an attorney. Attorneys begin by filing a complaint with the court, which sets forth the grounds for filing the lawsuit, the damage incurred, the names of those being deemed responsible and the compensation being sought. The court issues a summons to the defendant, which notifies the defendant that legal action has been taken against him. The defendant must then provide a response to the summons and complaint by a certain time frame. Failure to respond usually results in a judgment against the defendant.
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Effects
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Filing a lawsuit may not always result in a trial. The complaint may be dismissed by the court for lack of evidence or legal basis. Also, during the process, an alternative dispute resolution may come to fruition. The involved parties may negotiate with each other with or without a mediator. Another possibility is having a decision rendered by an impartial arbitrator. Avoiding the necessity for a trial reduces stress and can be beneficial in other ways for all parties involved.
Considerations
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Before filing a lawsuit, consider the strength of your case and determine if the actions of the defendant were in violation of a law. Remember that the burden of proof is on the plaintiff. Therefore, evaluate the amount and significance of your evidence to determine if it is enough to substantiate your complaint. Also consider the financial, emotional and physical toll that a trial may have on you or others and the subsequent costs.
Warning
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If you choose to represent yourself or hire a lawyer based on rates alone, the overall cost could be greater when all is said and done, even if you win. In addition, lawsuits have a statue of limitations, or specific time period, to be filed. If filed beyond this limit, they will almost always be rejected. Finally, no matter how strong your case and how effective your lawyer, the possibility of losing exists in all lawsuits.
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