When filing a lawsuit, you should not let anger dictate to you. Lawsuits can be costly for both parties and thus, it is important to ensure that you have a legitimate dispute before filing a lawsuit. Generally, you should not file a lawsuit unless there is no other way you can compel someone who has harmed you in violation of the law to compensate you for the damages you have suffered. However, if you are ready to sue, these are the things that you should do to increase your chances of winning the case.
Hire a lawyer
Although some people have been successful without using the services of a lawyer, it is important to note that lawsuits can be very challenging especially if it is your first time. Using the services of a lawyer to guide you through your claims will significantly increase the odds of a successful outcome. Nevertheless, you must choose the lawyer who specializes in your area of interest. If you are not sure about the type of the lawyer that you need, you should talk to a lawyer who deals in the general law to advise you on the best way forward. The best lawyer should also be highly experienced and have a good reputation.
Get your lawsuit ready
Make sure that you have the right capacity to sue. In most states, you must be over 18 years and in good mental health to sue. If you cannot sue because of age, health or illness limitations, you should have a trustee, guardian or an executor for the lawsuit to continue. You must also decide the court you will file the lawsuit. Filing your case in the wrong court can result in premature dismissal and hence, you must be careful when making the decision. The right type of court whether state or federal will depend on the subject matter jurisdiction. You must also ensure that you are within the allowed time period to file a lawsuit.
Prep and file the lawsuit
Before filing the lawsuit, you must find out all the documents that you should submit. A court clerk will tell you what you need to file a lawsuit including a summons, a civil cover sheet, and a complaint. The documents should be written according to the guidelines of the court such as typed and double spaced. You must also sign and date the documents. Once the documents are ready, you should file the complaint with the court, serve the defendant, and file proof of service. Once you file the defendant, most courts require that you file a document demonstrating proof that you properly served the defendant.
How well you prepare for the lawsuit will determine whether your case will succeed or fail in the court. When preparing the complaint, it is important to include the statement of facts, set forth your legal claims and an introduction documents that include the defendant’s name and the relation.