Getting involved in a civil lawsuit can be a tricky business. Usually, most people never look forward to something like this, as it can be extremely nerve-wracking. Nobody likes to deal with a civil lawsuit, but you should be aware of some basic things before filing one. There is no point in getting yourself involved in it without adequate knowledge. Hence, start gathering information about it.
As mentioned above, filing a civil lawsuit can be challenging, but it is not as complicated as you might think. When you have enough knowledge about it, the whole process will be easier to understand. If you have to solve a legal dispute over your business or any other property, go with the basics. Your agenda does not matter as the basics will always remain unchanged. While filing a civil lawsuit, everyone has to abide by the same rules.
Now, you may have some questions about the entire process. After all, it is good to be ready for the worst rather than being clueless. If necessary, you can also hire help or consult a good lawyer in your area. There is no harm in consulting someone over queries related to a civil lawsuit. From a family and real estate lawyer to a car accident lawyer, acquire information from everywhere. It will help in filing a case without any legal issues.
For your ease, here are six things you should know before filing a civil lawsuit.
Table of Contents
Know The Meaning Of Civil Law
Civil law is one of the many different kinds of law. Hence, you should know how to differentiate it from other types. Civil law generally addresses non-criminal and non-violent cases. For example, if someone sues their tenants for unpaid rent, this will be considered a civil suit. Besides this, a civil lawsuit also deals with property damage, injuries, or theft in some cases. Even if you have a contract dispute, a civil lawsuit will be required to solve it. On rare occasions, unjust death suits may also get resolved in a civil court.
Things Involved In Suing Someone
You might have the lawful or legal right to sue someone if you were wronged. However, it would help to have a case in your hands before committing to a court date. You will have to reply to some questions by filling numerous forms before proceeding. A lawyer will lend you a hand while dealing with this. Some things to find out in advance will be:
- Who should your civil lawsuit target?
- Where does the defendant live?
- What kind of research or homework to do before taking any legal action?
- Under which type of jurisdiction should they be sued?
Keep In Touch With A Good Lawyer
A lawyer will assist you further and clear every little query you might have. Do not hesitate to inquire them about anything related to your case. This is what they do for a living, and they should help you in feeling confident. At times, you may be confused about who is the real culprit. For instance, you are getting injured by a part-time freelance contractor. So, in such unclear scenarios, a lawyer will be your best shot. They will help in solving these types of puzzling cases.
Notify Your Defendant
If you ever decide to take any legal action, you will notify the defendant, particularly in a specific timeframe. This timeframe will be a very narrow one, especially right after filing the civil lawsuit. Remember, if you fail to notify the other party, the entire case will be of no use. It will get nullify as informing the defendant is one of the requirements to follow.
Learn About The Decree Of Limitations
Please note that a decree or statute of limitations is an essential component of filing a civil lawsuit. If you were involved in a dangerous car accident, for instance, you will have two years to file the lawsuit. Now, the time limit will vary from case to case and differing scenarios. Please discuss this in detail with your lawyer. The status of limitations does not directly affect your case, but it does give the defendant an opportunity. If you cannot file the lawsuit on time, they can/will challenge you against it.
Look For Red Flags While Hiring A Lawyer
As discussed above, hiring a lawyer is crucial. However, what is more important is hiring someone competent to help with your case. Just like any other profession, this profession has good as well as bad candidates. It would be best to look for red flags while hiring one. A wrong lawyer will only care about getting paid, whether you win or lose. Also, they can scam you too!
Some Of The Red Flags To Consider Will Be:
- Are they charging you an arm and a leg just for a simple consultation? Consultations are usually free of cost, and any lawyer who demands a lot is not the right candidate.
- Do they communicate with you in vague terms about your legal situation? Are they complicating things for you and not offering support with legal terminologies? If yes, get rid of them.
- Do they have a bad attitude towards your queries?
- Is their office presentable enough?
Conclusion:
Whenever you feel the need to file a civil lawsuit, do thorough research about it and then proceed ahead. Everything discussed above is for your betterment and will undoubtedly lead you towards victory. So do the needed and prepare yourself for the worst-case scenario.