How to sue Anyone for Anything
Today, America is a litigious society. One mother sued a department store and won for damages she incurred when an unruly child knocked her down. It made sense, except the child was hers--and yet she won. If you had a bad day and feel particularly pesky, you can sue anyone for anything and mess up another person's day.
Things You'll Need
- Papers to file in small claims court
- Filing fee
- Attorney
- Proof of damage or injury
Instructions
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Decide whether it's a small claims case, which is appropriate if you're suing for a small amount. Small claims court has a ceiling on the dollar amount of the suit that varies from state to state, but you don't have to pay an attorney.
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Use small claims courts by filling out the appropriate forms and paying any fees necessary. You have freedom to sue anyone for anything in small claims court because you represent yourself and don't have to find an attorney that likes your case.
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Find an attorney to represent you if you can't sue in small claims. If you have free legal services, this isn't a problem. Most attorneys that work on contingency collect part of the money you sue for, usually 30 to 40 percent. They tend to be pickier about the cases they take. The attorney wants a paycheck and won't work for you if she thinks the case has no merit. Some attorneys that work for pay may not take the case if she think it's frivolous.
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Collect all the data that pertains to the suit. Show proof that you had severe financial setbacks because of whatever inconvenience or damage the other person caused you. When you sue anyone for anything, you sue for lost monies and punitive damages.
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Ask for compensatory damages and make them big. Prove that the actions of the individual caused you loss. These not only pay for your loss, but the pain and suffering that the wrongful act incurred.
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Show how the actions were negligent, intentional and continuous to get punitive damages. Punitive damages are a way to stop the person from doing the same thing again. It's a way the court teaches them a lesson.
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Expect to pay not only your costs but also the cost of the party sued if the court deems your suit frivolous. Sometimes the judge doesn't see merit in the suit and decides that the case was a waste of the court's time and an unnecessary expense to the other party. When that happens, you not only lose but also have to pay the other party's cost.
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