How To Sue Someone: Initial Steps You Should Take

The civil justice system exists to help individuals advocate for their rights and get justice when those rights are violated. Whether you’ve been injured due to another party’s negligence or received medical care that adversely affected your health, filing a lawsuit may be your best plan of action.

But how do you sue someone? What initial steps should you take to ensure that the process goes smoothly? Let’s take a closer look at the litigation process.

Determine the Strength of Your Case

Before you decide to sue, imagine yourself pleading your case in the courtroom. Do you have sufficient evidence to back up your claim? Could your ordeal have been caused by factors outside the potential defendant’s control?

You must have sufficient grounds to sue in order for your case to make it before a judge. You need to be able to prove that the defendant owed you a duty of care and that they violated that duty.

Identify the Responsible Party

You can’t file your lawsuit until you’ve determined who was responsible for the harm done. If you were injured by a defective product, the responsible party may be the product’s manufacturer or designer. If you underwent surgery where an error occurred, the surgeon may be liable.

Do you need extra help establishing whom you’re going to sue? Then it might be time to secure legal assistance.

Find a Talented Litigator

Lawyers who specialize in civil law are often called litigators. Make a list of prominent civil attorneys in your area and interview them one by one. As you lay out your case, look for positive attributes in a litigator who can aid you in the courtroom and in settlement negotiations.

Ask your potential attorney outright if they believe you have a solid case. Lawyers have better perspective on the legal process and its potential pitfalls that a layperson may not be aware of.

Learn Which Court Has Jurisdiction

You’ll need to bring your case before a court that has jurisdiction, or a connection to your case that gives them legal authority. Usually, this is the district court that presides over the location where the incident took place.

Most civil claims are filed in state court. However, if you and the defendant live in different states, or if there is a constitutional element to your case, you may need to file in federal court.

File Your Claim Paperwork

Once you’ve decided to sue with the help of a qualified litigator, it’s time to file your claim in earnest. The complaint itself is the primary document that includes the facts of the case, the parties involved, and the compensation you’re seeking.

Your attorney will help you gather the other filing documents, depending on your location and the format the court follows. You’ll complete a summons, which is the official document notifying the defendant that they’re being sued, and have someone serve it to them.

In summary, what are the initial steps you should take when you decide to sue someone? Before you head for the courtroom, ensure that your case is on solid legal ground and have a knowledgeable litigator help you file the necessary paperwork.