Learning that you’ve been wronged by someone you trusted is never easy. This individual could be a family member, relative, friend, or acquaintance. It could also be your employer, colleague, or client. But it could also be a company, establishment, or stranger that you came across on the street.
No matter who you’re planning to sue because you feel like you’ve been wronged, it will never be easy. But that doesn’t mean you shouldn’t file a lawsuit against them to bring about justice. However, filing a claim can be difficult if you’ve never had the chance to do it before, which means you’ll need all the help you can get.
Luckily, there are plenty of resources you can refer to online about the legal process. Of course, these may not be as accurate because most laws vary from state to state, so it’s always better to work with legal counsel. And before you file your claim, here are three factors that you shouldn’t forget:
The Other Party Has to Be Notified Properly
All legal documents have to be served to the defendant for the lawsuit to be enacted. You can’t tell the court that you did your part when you didn’t, especially since you’re the one filing the lawsuit. The best way to deliver the papers to the defendant is by using a process server agency instead of doing it yourself.
This is important because if the defendant fails to submit their response to contest the claim within the deadline after receiving the summons, the court can favor you by default. So, do your best to deliver the documents properly and on time because that is a requirement given to all plaintiffs in a lawsuit.
You can trust a professional agency with this part of the process because they have experience when it comes to dealing with evasive and unresponsive defendants. Once the papers have been served, you can expect an affidavit of service within a week or less. Also, keep in mind that not notifying the defendant within 120 days of filing your lawsuit will have your case thrown out of court.
Provide Legitimate Evidence of Your Claim
You can’t file a lawsuit based on hearsay or assumptions; you need to provide ample evidence to support your claims for them to be admitted into court. Without enough evidence, the court might neither allow you to file a lawsuit nor drag another person’s name through the mud because of it.
Also, you must remember that tampering or fabricating evidence to support your claim is a federal offense that can result in jail time. So, don’t be tempted to sway the court in your favor by presenting false evidence unless you want to not only lose the potential settlement but also end up with a felony.
Instead, what you should do is gather all documentation — receipts, photos, videos, agreements, etc. — that can support your arguments and prove your claims. This way, the courts will have enough basis for their judgment should the defendant decide to contest the claims that you’ve made in the lawsuit.
Find the Right Legal Representative
All lawyers know their way around the law, but it’s a different matter altogether if you’re focusing on one specialization. For instance, if you’re filing a lawsuit against your partner for battery and assault, you’ll need a criminal lawyer to represent you in this case because these are considered federal crimes.
You shouldn’t contact an employment or corporate lawyer for this case because this lawsuit doesn’t fall under their field of specialty. That’s why you have to find the right lawyer depending on your current legal situation because you can’t just pick someone that has studied the law to represent you.
Law is not a one-size-fits-all industry. It has many branches and sub-branches that take years of study to understand. That’s why you’ll need to understand what your lawsuit is and what you’re hoping to achieve out of filing a claim before you head to the court to sue the other party.
Besides, it might be better to consult your lawyer before filing a claim because they can offer you guidance about your case. You should never rely solely on the information you took from the internet because it might be inaccurate and can further complicate your situation. It’s always better to leave this area to the professionals.
Filing a lawsuit for the first time can be an exhilarating experience. On the one hand, you may be fueled by your overwhelming emotions, and you want to see justice be served in front of the court. But on the other, you might find yourself at a loss about what to do. So hopefully, these tips can help you traverse that difficult time in your life.
