There are many reasons as to why a person may want to sue another party. Whether or not that person has actual legal grounds to bring a lawsuit, however, will depend on a number of factors. Some situations are entirely straightforward and may be based on life experiences. Examples include serious car accidents caused by other drivers and medical practice cases wherein a surgeon performs an operation on the wrong body part.
Other situations may not be as clear as the ones mentioned in the above examples. In fact, there are some scenarios in which a layperson may not even be able to tell that they have grounds to bring a lawsuit.
Then there are some situations in which a person might usually be able to take legal action; however, for some reason, the set of legal facts in their particular case are not strong enough to make it past the initial stages of a lawsuit. As a result, the case will usually be dismissed.
As such, it is strongly recommended that you speak to a lawyer before you proceed with any legal action. You should also make sure that you hire a lawyer who practices in the same area of law as your cause of action. For example, if you have been injured in a car accident caused by another motorist, then you would want to hire an attorney who handles personal injury cases.
On the other hand, if you believe that a government actor has infringed upon your first amendment rights under the U.S. Constitution, then you should speak to a lawyer who handles cases involving constitutional matters.
Some other potential general causes of actions and the lawyers who handle those causes of action may include the following:
- If you have entered into a business contract with another party, you may be able to bring a breach of contract lawsuit against that party if you can prove that they violated the terms of your business contract. In this case, you would want to speak to either a business lawyer or a lawyer who handles corporate and/or commercial contracts.
- If a loved one was murdered during an incident involving a felony-robbery, you may be able to sue the criminal defendant for damages in civil court under a cause of action for wrongful death. This type of action would also require the help of a personal injury lawyer.
- If you are the custodial parent in a child custody case, you may be able to sue the non-custodial parent for failing to pay child support or back child support if you can show that they are behind on child custody payments. This type of case will involve asking the court to enforce a child support order. Thus, you should speak to a local family law attorney to find out if you have a valid cause of action.
- Finally, if you have suffered harm as a result of the actions of a trustee to a trust or a legal guardian of an estate, then you should contact a wills, trusts, and estates attorney in your area to determine if you can file a claim for breach of fiduciary duties.
Remember, just because you feel angry or upset over a dispute does not always mean that the facts of your case will be enough for you to take legal action against a party in court. You will also need to show that you suffered an injury, such as a financial loss or physical harm, due to another party’s actions.
You will also need to make sure that your action is appropriate for civil court and does not need to be brought by a prosecutor in criminal court. In the event that your case ends up being a criminal matter, you will have to report the incident to the local authorities who will then investigate your claim and send it to the district attorney for review.
While many criminal matters can be tried in civil court for victims to recover damages, it may not always be possible to do so in every case.
How Do I Know if I Have a Viable Lawsuit?
As previously discussed, it is very important that a person consult with an attorney to determine whether or not they have viable reasons to sue someone in court. A common place to start, however, is being able to demonstrate that they have suffered some type of injury.
This may include a physical injury or a financial loss. In some instances, a plaintiff may also show an emotional injury, but these are typically harder to prove and are not as widely accepted by courts.
The person whom the injured party wishes to sue must have been the cause of the injury in question. For instance, returning to the car example from above, a person who is injured in a car accident would sue the other person driving if they believe it was their fault.
One other important factor that will make a difference in determining whether an injured party can sue or not is being able to prove that they could recover monetary damages for their injuries. In other words, they would have to provide a valid legal reason under which the law would justify a legal remedy for their harm.
How Long Does it Take to Sue Someone?
In general, the length of time that it will take to sue someone will depend on a multitude of factors. These include: the number of issues in a lawsuit, the complexity of the laws involved, the types of laws involved, whether the case is being tried in state or federal court, and so on. In general, most lawsuits take an average of at least one to two years to fully settle.
Some timetables and procedures that may provide a clearer picture of why filing a lawsuit and seeing it to completion can take such a long time include the following:
- First, the plaintiff will need to decide whether to file a lawsuit or not and will need to do so before the statute of limitations for their case expires. Generally speaking, statutes of limitations tend to allow a plaintiff to file within two to three years from the date of an incident.
- Next, the plaintiff will need to hire a lawyer to take on their case. If the first lawyer they contact is the person whom they hire, the lawyer may conduct a short investigation into the person’s claim and attempt to settle the lawsuit with the opposing party prior to initiating an action in court.
- If the action is not settled, then the lawyer may recommend that the plaintiff file a complaint and summons in court. Assuming that the lawsuit is filed on time and that plaintiff still wants to proceed with a lawsuit, the opposing party will have roughly a month to respond to the complaint.
- Next, if the case is not dismissed, the parties will begin the pre-trial discovery process, which can take a long time. This includes gathering evidence, taking depositions, filing interrogatories, hiring expert witnesses, and so forth.
- If the parties do not settle before the trial date, then the case will proceed to trial. A trial can take anywhere from a few days to several months or possibly longer, depending on the case.
- After the trial court has issued an order, the party whom the court’s decision opposes can appeal the decision of the trial court if they want and have preserved their right to an appeal.
Again, all of these factors will vary based on different components of the case, specific procedural requirements, and the relevant laws. For instance, appeals must take place within a certain amount of time as must many other stages of a lawsuit like pre-trial hearings.
What Is an Impending Lawsuit?
The term “impending lawsuit” refers to a lawsuit that is imminent or about to happen. This type of situation can arise when a person is threatening to take legal action against another party. In most cases, this party is usually a business.
As an example, imagine that a business promised to perform some type of service for a party under the agreed upon terms of their contract. Right before this service was due, the business asked the party for an extension to which the party agreed to accommodate.
Although the party agreed to extend the amount of time that the business had to perform the service, they made it clear that it would be a one-time extension and that they would sue the business if it failed to provide the service again by the second due date.
Are There Any Alternatives to Filing a Lawsuit?
There are alternatives to filing a lawsuit as well as ways a case can be settled outside of court even after a lawsuit has been filed, such as:
- Pretrial settlements
- Mediation
- Other forms of alternative dispute resolution (ADR)
Pretrial settlement
Pretrial settlements are reached between the parties to a lawsuit before their case proceeds to a trial. These may also be referred to as out-of-court settlements.
The terms of these settlements often involve one of the parties agreeing to provide some type of compensation or other action to resolve the dispute and to avoid the high costs and uncertainty of a courtroom trial.
Although it is called a pretrial settlement, it may be entered into at any stage during a case, even right before trial begins. There are many different benefits that a pretrial settlement can offer, including:
- Cost savings: Legal proceedings, including trials, can be expensive. There are costs for filing fees, attorney’s fees, court fees, expert witness fees, and other expenses. By resolving a dispute before trial, parties may be able to save themselves a significant amount of money.
- Time savings: A trial can be very lengthy and may require a significant amount of the parties’ time. By entering into a pretrial settlement before trial, the parties save time and avoid the stress and inconvenience of what can be a prolonged legal process.
- Certainty: The outcome of a trial is not certain. There is always the risk that the court or the jury might rule against a party, even if they think their case is strong. A settlement can ensure an outcome that is agreeable to both parties.
- Confidentiality: Unlike a trial verdict, which becomes part of the public record, a settlement agreement can be kept confidential. This may be particularly advantageous for businesses or individuals who want to avoid the potential negative public exposure and reputational damage that may come from a trial.
- Control: With a pretrial settlement, the parties have more control over the outcome. They can negotiate settlement terms that suit their needs rather than having a solution imposed by a judge or jury.
- Preservation of relationships: A trial can be contentious and can damage relationships. If the parties to the case have a relationship they wish to preserve (for instance, in business disputes or family law cases), a settlement can be a less adversarial means of resolving their dispute.
- Finality: Once the pretrial settlement agreement is signed, it is typically final. This may bring the parties a quicker sense of closure compared to a trial, which can be appealed, further prolonging the dispute.
Although there are numerous benefits to a pretrial settlement, it is important that all parties understand all of the details of the settlement and consult with an attorney before signing any agreement to ensure that their rights are protected and that the settlement is in their best interests.
Mediation
Mediation is a form of alternative dispute resolution (ADR) that includes assisted negotiation that parties can use to help resolve a dispute. During mediation, a trained and neutral third party helps the parties to the lawsuit reach an agreement, if possible.
Mediation typically uses a problem-solving approach to resolve the issue as opposed to the traditional, adversarial approach used in a courtroom. Mediators are neutral individuals who are trained in communication and problem-solving to help the parties to a case make the best possible decisions about resolving their issues.
This is a voluntary and informal process, in contrast to a trial. The rules of evidence that apply in a courtroom do not apply and no formal testimony is taken.
This process allows the parties to the case the ability to control the resolution of their dispute instead of having a court do so. In addition, mediation is usually quicker and more economical than a trial.
Even in situations where mediation does not resolve the dispute of the parties, it can help them narrow and clarify their issues so that the trial process can be more efficient. A mediator is not a judge or decision-maker and does not have any personal interest in the outcome of the issue.
The mediator will use their communication and negotiation skills to help guide the parties to make a decision themselves. Using mediation can be beneficial in many situations, including when:
- There is no need to establish a precedent
- Communication between the parties has broken down
- Time is a factor
- Failing to reach an agreement does not benefit one or more of the parties
- There is no single solution that is required
- Emotions, tensions, or transaction costs are high
- Parties have an interest in maintaining confidentiality
- The parties desire or need to maintain an ongoing relationship
Other forms of alternative dispute resolution (ADR)
There are also other types of alternative dispute resolution (ADR), such as binding arbitration. When parties participate in binding arbitration, the arbitrator’s decision will be final and enforceable under the law.
This means that all of the parties will be required to comply with the arbitrator’s decision. Similar to mediation, there are many advantages for the parties when using arbitration, including:
- Privacy, as there will not be a public record of the proceedings
- There is flexibility in defining the location, rules, and timing for the process
- It will provide some finality to the dispute
- It typically costs less and is quicker than a trial
- The parties can agree on one or more individuals to be the arbitrator(s)
Do I Need a Lawyer?
As may be evident from the above discussion, you should truly consider hiring a lawsuit lawyer in your area if you intend to take legal action against another party. A lawyer who has experience with trying cases in court will be able to determine whether or not you have a viable cause of action and can thus file a lawsuit in civil court.
Again, the lawsuit lawyer whom you hire should be one who practices in the area of law that you believe your case falls under, such as a personal injury lawyer for injuries sustained in a car accident. In the event that you contact a lawyer who does not have the appropriate expertise for your matter, that lawyer will be able to direct you towards the right type of lawyer for your case.
Once you have found the right kind of lawsuit lawyer to take on your case, your lawyer will be able to perform all of the necessary legal services for a trial. These include performing legal research, drafting required legal documents, and providing representation in civil court.
In addition, your lawyer can also answer any questions you may have about your case. They can provide valuable legal advice about the applicable laws that could potentially have an effect on the types of legal remedies you can recover if your case is successful.
