How To Sue

Once you have decided to file a lawsuit, you may need help figuring out how to get started. Filing a lawsuit is not always a clear and straightforward process. Even basic decisions such as where to sue might be more complex than they seem.

In this guide, you can find information about how to sue, including deciding whether to file a lawsuit. You can also learn how to explore alternatives before suing. In these first steps of a lawsuit, a civil litigation attorney can be a helpful resource for you.

See the steps and what to expect when starting a civil lawsuit below:

• Evaluate Whether To File a Lawsuit
• Consider Alternatives To Suing
• Check the Statute of Limitations
• Hire an Attorney for Litigation
• Identify the Right Venue
• Prepare Your Petition
• Serve the Defendant
• Prepare for Trial

Evaluate Whether To File a Lawsuit

Lawsuits often take up a lot of time, energy, and money. The first step is to consider your lawsuit carefully before filing it. Upon reflection, it’s possible you might not want to sue after all.

A few helpful questions to consider when determining whether or not to file a lawsuit include the following:

• Do you have a good case? To determine if you have a good case, you must have enough evidence or proof to satisfy each element. 
• Are you willing to mediate the case or accept a settlement? In the United States legal system, most cases settle before a jury trial occurs.
• Will you be able to collect money from the defendant if you win your lawsuit? If the defendant can’t pay a monetary judgment, there is no point in going through the time, effort, and money suing them.

Suppose you want to file a breach of contract lawsuit against a contractor. In that case, you must consider whether you can satisfy each element of a breach of contract case. You’ll also need to know whether the contractor has the money or income to pay for any damages you’d claim.

Consider Alternatives To Suing

Suing may not be necessary. The best solution to a problem is often to discuss the issue with the other side. Negotiation doesn’t always work, but it’s usually worth an attempt. Sending a demand letter may be enough to get results while avoiding a trial or other legal processes.

You can also contact a mediator to help resolve the case. Mediation is often a much more low-cost and quicker alternative to a trial. Some judges may require the parties to attempt to mediate or arbitrate the issues before heading to court.

You should also consider the value of your case. Litigation is complex, and that complexity generally imposes high costs. If your damages wouldn’t outweigh those costs, litigation may not be cost-effective for you.

Fortunately, the court system offers an alternative process for civil claims up to a state maximum value. Instead of traditional litigation, you may file a small claims case if you have a qualifying claim type. In a small claims court, the parties represent themselves. They present their claim and defense at a hearing before a judge.

Check the Statute of Limitations

You must file your lawsuit within its specified time limit. The time limit, known as the statute of limitations, depends on state laws and the cause of action. The court may only hear the case if you file the lawsuit within its statute of limitations.

The clock for the statute of limitations of a particular cause of action may start running at different times. Three of the most common times that the clock can start to run are as follows:

• The date of harm
• The date of discovery of the harm
• The date you should have discovered the harm

The date of harm is when the actual injury occurred. For example, the statute of limitations may begin running on the date that a car accident damaged your car. 

The date of discovery can occur when the plaintiff can only ascertain that injuries or damage occurred at a later date. The date you should have discovered the harm is when a reasonable person would have discovered the harm.

You can look up the laws of your state to find out when the statute of limitations begins for the particular harm you have suffered.

Hire an Attorney for Litigation

Seeking a remedy for a personal injury, property damage, or monetary loss can be difficult on your own. A lawyer can provide the legal knowledge and trial experience to guide you. Contact a local litigation attorney early in the process so they can help build a foundation for the rest of your case.

An attorney can give you valuable legal advice as you prepare to file a lawsuit regarding:

• Whether you should file your case in a small claims court or a civil court
• How to obtain court forms
• The amount of money you should claim in your case
• Whether you can recover your attorney’s fees and court fees if you prevail in the lawsuit
• Information about the different methods of alternative dispute resolution available, such as mediation and arbitration
• Specific advice for your legal claim
• Information about court rules, and how to prepare for an upcoming court proceeding

While it is possible to represent yourself in litigation, it’s usually not advisable due to the complexity and burden of learning how to navigate the process. There are many risks of self-representation. But you can consider your options before deciding whether to hire an attorney.

Identify the Right Venue

A court must have jurisdiction, or legal authority, to hear your case. For example, a New York state court can’t decide a lawsuit between two neighbors with a tree complaint in California due to personal jurisdiction.

You’ll need to file your lawsuit in the correct court, which isn’t always as straightforward as the example above. Your lawyer can review the facts of your case to decide what level and type of court should hear your case. Many civil lawsuits stay in a state district or county court, but federal court may be suitable in certain cases.

Prepare Your Petition

A petition is a court filing that marks the official start of legal action. This document is also called a complaint. It is one of a few typical pleadings that begin a lawsuit.

In your petition, you will set forth the basics of your case, including:

• Who you are suing or the registered agent, if you are suing a business
• The legal basis of your case, such as negligence
• Basic facts about the circumstances of your claim or dispute
• A proposal of the remedy or compensation your lawsuit should yield

It’s not a good idea to use an online template for this petition. You must use the form of the specific court in which you’re filing your case. You’ll also likely need to pay a filing fee with your petition.

Serve the Defendant

Along with the complaint, you must prepare and file a summons. The summons will notify the defendant that you are suing them.

This step requires more than simply giving the summons to the court. A plaintiff must also find a way to formally serve the summons to the defendant. Failure to do so may jeopardize the case.

There are a few different ways to ensure the service of process. Plaintiffs can’t deliver the paperwork themselves. Your lawyer may recommend using a private process server or the sheriff’s office to serve the defendant.

Prepare for Trial

Every case is unique, so the rest of the legal process may depend on the facts and nature of your case. Your case may even end before the trial phase begins.

After filing the initial paperwork, your attorney can guide you through the rest of the civil process, which may involve:

• Gathering evidence and organizing testimony in the discovery phase
• Filing additional motions with the court
• Getting ready for your courtroom appearance, including learning proper conduct
• Discussing jury selection and other strategic decisions with your lawyer

Start Your Case by Getting Legal Advice

If you have a potential lawsuit, contact a civil litigation attorney. A lawyer can explain what to expect in your specific case. A litigation attorney can also help if you’ve received notice of a legal proceeding filed against you.