Friday, January 22, 2016

How Do I File A Lawsuit?

How Do I File A Lawsuit?

How Do I File A Lawsuit?

Filling out the forms is the initial stage in filing a lawsuit. Civil cases cover, the summons and a complainant form must be filled in order to file a lawsuit. Herein, you must include facts that concern your case and cause of action that is legally recognizable in order for the suit to proceed.

It is best to get a lawsuit lawyer who will ensure that all the forms are filled properly. As you file the complaint, ensure that you have two copies of the forms with you, proceed to a courtroom, and file the originals according to the court’s instructions.

To prevent any delays in complaint filing, make sure the forms are provided in the format specified by the court. In most cases, you will be required to pay filing fees which may be waived in case you show you can’t afford.

After the complaint, the next step is usually letting the defendant know that he or she is being sued and this is done by serving them with a copy of the court documents. After the defendant has been served, your court will then review the lawsuit and give instructions on the process forward.

Although the lawsuit may seem like a straightforward win for you, the lawyer on the defendant may find a way to turn it upside down thus it’s safer to have an attorney.

Here is a video on the typical process of filing a lawsuit.

How Much Is My Lawsuit Worth?

This is one of the most common questions raised by plaintiffs and there is no direct answer.

However, your attorney will consider several factors in arriving at a good value for either the trial or the settlement. There are 3 main things that your lawyer needs to know before he or she can give you the insight of the cost of the case.

First, the attorney needs to know all the details of the accident in order to determine whether it can be proven as the other party’s fault.

Secondly, the attorney needs to have an understanding of the injuries depth and whether they are permanent or not. The depth of injuries is also supposed to give an insight on any wage loss, pain suffering and also emotional distress.

Thirdly, your lawyer need to know the amount of insurance coverage there is on the fault party, in order to determine what will be available to finance your claim for money damages.

Basically, if the attorney gives you a direct value of the lawsuit without having answers to the three factors, you shouldn’t hire that lawyer since he is not giving you accurate information.

How Much Does It Cost To File A Lawsuit?

How To File A Lawsuit

The cost of a lawsuit is determined by several factors. The first and obvious factor is the legal fees.
Your lawyer will be required to work extra harder if you file a lawsuit.

If you are paying on contingency fee basis, lawyers will be less willing to agree on their fee. If you are paying hourly however, this will have a direct cost.

Court and litigation costs are another factor. You will be required to pay additional fees on expenses such as filing fees, service fees, depositions, expert witness fees and other miscellaneous (report fees, copying, travel, etc.).

Check these fees with your court before proceeding as they vary.

Time is also a cost that is attracted by filling a lawsuit since it may speed up the settlement or delay for months or even years. Emotional costs are also incurred as litigation can cost you a lot in terms of both the emotional energy and also in your own well-being.

Since no one can be fully certain of an outcome of a court case, the uncertainty cost will affect you in many ways such as planning your future, causing anxiety, making it hard to determine the cost or benefit of your actions, in other words you may suffer from the consequences of a bad verdict.


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