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Lawsuit Help and Resources

In the sections below, you will find articles giving more insight into the process of filing or defending against a lawsuit, including a variety of helpful resources to help you along the way.

FindLaw’s Lawsuit Help and Resources section includes practical advice and suggestions about how to hire an attorney, best practices for working with an attorney during a case, worksheets to help you determine a fair settlement amount, and also some resources related to the litigation process, a variety of legal forms, and related materials to help you with your lawsuit.

Questions To Ask Before You Sue

You likely have many of the questions below if you are involved in a legal dispute:

  • Do I have a valid legal claim? You will need a cause of action, but many disagreements are not legally actionable. 
  • How strong is my case? You should determine whether filing a lawsuit is worth the time and effort based on the elements you’d need to prove in court.
  • Do I need to file my lawsuit in a certain amount of time? Depending on your cause of action, specific time limits apply to file a lawsuit. These time limits are known as statutes of limitations
  • Are there any downsides to filing a lawsuit? A lawsuit can take a lot of time, effort, and money to pursue. It can also be very stressful. Additionally, certain cases may require you to relive trauma or reveal embarrassing information.
  • How much does a lawsuit cost? Small claims are inexpensive, but complex civil litigation can cost thousands or millions of dollars in attorney’s fees, especially if expert witnesses testify.
  • How do I file a lawsuit? Your local courthouse likely has the court forms you need to file a lawsuit. 

Determining whether you have an actionable claim that you can prevail on is the first step of litigation. Then, consider the costs, risks, and benefits of filing a claim. Once you decide whether to file your claim, the next step is to determine if you should represent yourself or hire an attorney.

Depositions and Testifying in Court

A deposition is a civil pre-trial oral testimony taken under oath. It is basically deposition is basically a written record of oral testimony, in the form of questions and answers, made before a public officer (Court Reporter) for use in a lawsuit. It is important to remember to listen to the question being asked and if you don’t know the answer, do not guess. Your attorney may ask questions of you during the deposition, but typically your attorney will only ask questions of you in order to clarify a confusing answer. If there are some issues about your case that you consider worrisome, those matters should be discussed with your attorney before the start of the deposition.

Should I Represent Myself in Court?

Representing yourself in a criminal case is never advisable. However, litigants routinely represent themselves in both small claims courts and family law matters. You have a right to represent yourself in all court cases.

When you represent yourself, you are called a “self-represented party.” In some cases, like landlord/tenant and family, the court has developed easy-to-read court forms to help non-lawyers. Simplified court rules help non-lawyers in other cases, like small claims cases.

When deciding about your legal help for a dispute, consider the questions below:

  • Is my case eligible for a small claims court?
  • Can I afford to hire a lawyer?
  • Do I have the time to learn about the relevant laws, court procedures, and legal system?
  • Am I ready to evaluate and negotiate a settlement offer on my own?
  • How do I find a good lawyer?
  • How do I recognize legal malpractice?
  • Are legal aid services available to me?
  • What happens if I lose the lawsuit?

Who Will Make the Decision for My Trial?

In a lawsuit, parties can either let a judge decide the outcome or opt for a jury trial. Choosing between a judge or jury trial is never an easy decision and you should discuss the matter more fully with your lawyer. However, even if you think that you would prefer a judge trial for your case, you still may end up having to argue in front of a jury. This can happen when your opponent in your case has a right to select trial by jury over a judge trial.

Get Reliable Information for a Lawsuit

Knowing the right forms to fill out and the right questions to ask in a legal proceeding is never easy. While you may hire an attorney to handle the paperwork, being familiar with the language is important. For instance, understanding how a settlement works, knowing the language used on a subpoena or simply trying to decipher what to look for in a mediation session is crucial to getting the results you want.

Consult an Experienced Attorney

If you are being sued or have a pending criminal case, you may need an experienced attorney. A good lawyer will ensure that you are given the fairest chance to prevail in your case. Keep in mind that it’s important to speak to a lawyer familiar with the laws in your jurisdiction. Most offer free consultations, so your first step should be to contact an experienced civil litigation attorney.

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