When someone has done you wrong, has hurt you or a loved one, or damaged property of yours, you have the right to sue them. It’s within the boundaries of your human right, and you’re never wrong for doing this. However, it’s not as simple as counting.
Suing someone requires a lot of time and effort on your part. Moreover, there are some situations when it’s better not to sue them instead. Therefore, before suing anyone, consider your case first and whether it’s worthwhile to sue them.
What Can You Sue Someone For?
You can practically sue anyone for any reason at all. However, that’s not the smartest thing to do, knowing the trouble you’ll have to go through to do it. This is why suing someone is a typical threat nowadays, but people don’t generally follow up with it. So with this in mind, we’ll be discussing what should be the questions that are going around your head before you sue someone. So let’s start first by determining whether you have a good case or not.
A Good Case
Ask yourself first whether you have a good case or not. There are about 100 million cases that are filed every year in court. Knowing that your case is a good and essential one will give you the safety net you need to know that the court will follow up on it.
A good case is determined on various grounds. The first thing you should consider is whether there is considerable damage done to you or to a property you own. Visual damage is usually the best indicator for this, as it’s the easiest evidence to show in court. Economic damage or loss is also another good indicator of a good cause since it can easily be proven in court.
When it comes to other forms of damages, such as psychological damage, then you’re going to need a professional to prove that instead. Moreover, if your insurance company handles the damage, then you should consider holding out on suing someone and instead let your insurance company take it from there.
Another thing you should consider is whether there is a contract that’s binding you and the defendant. In most cases, a contract can be the best evidence in court, and if it favors you, it can mean that you can win a hearing. However, if it doesn’t, it might be worth holding the legal action at a much later date.
Another thing that should determine whether you should sue or not is whether you can collect if you win the case. Once again, this is the reason why you should let your insurance company take the wheel if you do get into an accident because suing someone would just be burning money right out of your pocket.
How to Sue?
So once you’ve determined that you have a good case in your hand, that you can win it, and that you can collect from the defendant, then it’s time to sue. But how do you do it?
Suing someone can depend on the nature of the crime they have committed against you. You should consider the alternatives (more on that later) first before suing anyone. But if the defendant would like to take you on in court, then you should go for it.
The first thing you should do is to find the right court for your claim. There are two main courts in the U.S.: state and federal courts. How to choose your court depends on the type of crime committed. It’s best for you to hire a legal advisor for this.
The next step is to fill up your court forms and then file your claim. This can take some time which depends on how busy the judicial system is in your area. The last step is serving your claim, which technically means telling the other party that the court will be in session. Then after that, it’s all going to court.
What Do You Need in Court?
There are only a couple of things you need in court. First is yourself. Always attend court hearings and never be absent. The second is your lawyer. If you can’t afford one, the government should grant you one. Next, you should consider court reporters. Your lawyer should be able to hire one if you need it, but it’s good to know just in case. Witnesses come next, if you have some, and then pieces of evidence.
As stated earlier, you should try doing the alternative before going to court. If the other party willingly accepts your offer and is willing to pay, you should choose to mediate instead. Settle it among yourselves instead of going to court.
Going to court can be a serious chore for you, and it will affect you physically and mentally. Not to mention that you indirectly help other people looking to get their hearings done by doing this. So do your best to meditate before you try and sue someone.