What Happens When You Decide to Sue?

• October 22, 2024
• CLLB Law
• Personal Injury

The events following a lawsuit generally include pleadings, discovery, trial, and appeal. However, you must ask yourself specific questions before getting started and contact experienced attorneys to guide you through the process. 

Ever wondered what happens when you make up your mind to sue? Deciding to pursue legal action isn’t a decision that should be taken lightly. It requires careful consideration and an in-depth understanding of the procedures involved.

You’ve probably heard jokes about how litigious American society is. The truth, however, is that while many lawsuits are filed, most of them are rooted in genuine grievances. For instance, if you’ve suffered harm because someone else acted recklessly, you deserve to sue and obtain compensation for your pain.

Similarly, if you have entered into a contract, you should be allowed to enforce its terms. If you and your spouse decide that separation is the best option, you must be able to dissolve your marriage legally.

Yet, while these scenarios are viable grounds for lawsuits, it’s crucial to understand the intricacies involved. What should you consider before suing, and what happens after? This article provides a step-by-step guide to answer these questions.

7 Crucial Questions to Ask Before Deciding to Sue

A lawsuit shouldn’t follow every dispute. There should be room for clear communication, negotiation, and compromise. However, filing a lawsuit may be necessary if you’ve exhausted all options to resolve a situation. If you do decide to sue, here are the top questions to consider:

Do You Have a Solid Case?

It’s not enough to be offended by someone’s action against you — there must also be a cause of action. You will have to show that the at-fault party violated a law in a way that affects you negatively.

For instance, personal injury claims require you to prove that the defendant:

• Owed a duty of care
• Failed in their duty of care
• Caused the accident through their negligence, and
• You suffered a harm that the defendant must compensate you for due to their negligence.

So, besides establishing a legal cause of action, presenting irrefutable evidence is vital to solidifying your case and obtaining compensation.

Do You Know Who You Will Be Suing?

You must know precisely who to name as a defendant and why. For example, if you were injured in a truck accident, you have to determine whether the driver is also the owner. If not, they both must be named. Was the accident caused because of shifting cargo? Then, you may have a claim against the loading facility. Was it caused because the brakes weren’t properly maintained? If that’s the case, you may have a claim against the mechanic.

In summary, you must identify the person or persons you are suing and state their vital information, such as exact full name and address, in your complaint.

Have You Tried Resolving the Issue?

Many civil courts require parties to try to resolve a dispute before filing a lawsuit. For instance, you may be required to issue a demand letter that highlights the damages, compensation demands, and deadlines in business disputes. The recipient would be required to review it and respond within a stipulated time frame. Afterward, you may file a lawsuit if you are unable to resolve the issue.

Additionally, you may be presented with Alternative Dispute Resolution (ADR) to resolve cases without going to court. ADR methods typically involve arbitration, mediation, family group conferencing, etc.

Did You Suffer Harm?

You are entitled to compensation if you’ve suffered economic or non-economic damages. In civil cases, you may be compensated for medical costs, lost wages, or property damage. Non-economic damage includes compensation for your pain and suffering.

However, you must have suffered actual harm before suing. Suing based on perceived harm or what might have happened will render your case weak and invalid.

Can You Afford the Lawsuit?

Lawsuits come with various associated costs, including court, filing, attorney, and process server fees. So, you should examine your current financial condition to know whether you can pay all the fees. You may also ask your lawyer how much you may win, to know if you can afford your lawsuit.

Have You Met the Statute of Limitations?

Statutes of limitations are legal regulations stating the deadline for pursuing a legal action. The timeline varies based on the state’s unique laws and type of case. If you want to file a lawsuit, make sure you do so before the statute of limitations expires or it will be dismissed by the court.

What Happens If You Lose?

There are no certainties in lawsuits. So, even if you have high hopes of winning, you should consider the possibility of losing and prepare for it. Sometimes, losing may require paying both your court fees and the other party’s.

In addition, while you have the right to appeal your case, this involves extra costs and often takes more time than the original case. Evaluate the cost of losing before you sue.

Although generalities can be discussed, it is important to note that every lawsuit is based on a unique set of circumstances. Also, the steps that lead to resolving one situation may unfold differently in another. Expect that while a trial usually only takes a few days, getting to court in the first place can take months or even years. The lengthy wait for a ruling is one of the reasons that many cases are settled before trial.

How to Sue an At-Fault Party

Every case is unique, but suing someone generally involves the following steps:

Naming The Defendant

You must have accurate information about the defendant, including their full name and contact details. Providing the wrong name or contact information can keep you from winning the lawsuit.

Requesting Payment

Your document must state the amount of damages you are seeking.

Choosing The Right Court to File Your Claim

Your claim may be dismissed if you file it in the wrong court or jurisdiction. For example, in many counties in Indiana, it’s mandatory to go to the small claims court if the damages claimed don’t exceed $10,000. Small claims courts have limited jurisdiction to resolve private disputes that do not involve large amounts of money.

However, state-level trial courts can hear any civil or criminal case. Other courts you can use based on your unique situation include the Indiana Supreme Court and federal courts. While the Supreme Court hears appeals, federal courts hear only cases involving complete diversity and a violation of the U.S. Constitution or federal law.

Filing A Complaint

The first form to file to begin a civil lawsuit is called the complaint or the petition. This sets out the allegations that the plaintiff or petitioner believes entitles him or her to relief and what relief is being sought.

It is accompanied by a summons that lists the names, addresses, and phone numbers of the parties. After the defendant or respondent gets a copy of the complaint, they must file a response or extension within a short time.

The response may come back as an answer admitting or denying the allegations, or it may include its own pleadings setting out defenses or making claims. A defendant can seek several actions, such as changing the court chosen by the plaintiff.  They may also ask for the claim to be dismissed because it is barred by the limitations period.

After these preliminary issues are dealt with, the court establishes deadlines and sets the matter for trial. If, at any time, the parties agree to compromise, they can enter into an agreement that settles the dispute and notify the court that the case has been resolved and should be dismissed.

Take Your Case to Court

Going to court requires adequate preparation. Some of the actions to put in place include:

• Gathering evidence
• Filling out a small claims subpoena for personal appearance and production of documents at trial or hearing and declaration
• Finding and preparing witnesses

It’s also crucial to prepare what you will say, consider the other party’s statements, and how you’ll respond to win your argument.

Some states even have specialized courts that can expedite your case, resulting in faster decisions.  Indiana recently created commercial courts designed specifically to help businesses receive speedier resolution of their disputes.

What Happens When You Sue Someone?

Here’s what you can typically expect after you’ve sued someone:

Discovery And Trial

The discovery phase begins once you’ve served the defendant with notice. During the discovery phase, you can ask each other questions, subpoena evidence, and hold depositions. Unresolved cases during the discovery stage go to trial. While prominent cases are brought before the jury, small claim cases are brought before a judge during the bench trial.

Appeal

If a party isn’t satisfied with the verdict of the trial, they can appeal to a higher court, and they can do this more than once. The higher court will evaluate the result of the trial while the appellant explains why the outcome should be reversed.

An appeal allows the defendant to identify errors during the trial and why the decision of the judge may be incorrect or too harsh.

Contact A Legal Professional Before You Sue

Suing is a complicated process that involves several procedures. While there are no guarantees, having a team of experienced legal counsel by your side can increase your chances of winning.

Your attorneys will interpret the law and suggest the most appropriate legal actions to take based on your situation. This will prevent making costly mistakes and also increase the possibility of obtaining full compensation for your damages.

Our lawyers at Church Langdon Lopp Banet Law Firm have years of experience in litigation and will effectively help you navigate the complexities of your case. We’ll provide skilled legal advice, guide you through paperwork, and provide strategic legal representation if your case goes to trial.

Based in New Albany, Indiana, we proudly serve communities throughout Kentuckiana, including, but not limited to, Jefferson County, KY; Floyd County, IN; Clark County, IN; and Harrison County, Indiana.

If you’ve got additional questions about what happens when you decide to sue, you can learn more by discussing it with our attorneys at Church Langdon Lopp Banet Law Firm. Get started now by contacting our team at (812) 513-1098.