Last Updated on Mar 25, 2020 by James W
A lawsuit is simply a court proceeding that involve a complaint (by the aggrieved party) and a claim. The person who files the lawsuit claims to have incurred loss as a result of actions of the defendant. Consequently, he/she demands for compensation.
If you are thinking of filing a lawsuit, the first thing you need to do is determine whether you have the right to file against the person or the business organization you are in dispute with. To help you decide if you have the grounds to file a suit, you need to ask yourself some question. Have you been directly affected by the event that has taken place? Have you suffered loss as a result of the actions of the other party? It is advisable that you seek the services of a lawyer to make sure you are on the right track as far as filing the suit is concerned.
What you should know before you file the law suit
It is worth noting that there are certain requirements you should fulfil before filing a lawsuit. For starters, the law must consider you eligible to file a lawsuit. That is, you must be over 18 years of age. If you are below 18 years, the law requires that you get legal representation; a lawyer. You must also be mentally stable or else the court will regard you as a disabled person in legal terms.
If everything is in order, you can go ahead and initiate the lawsuit. This could be against a person or an organization. However, before you ahead and file the papers, it is important to have some basic information about them. This will help you ensure that the suit goes through smoothly.
When suing a person, you file against him using his full legal name or any other name if he has. Consequently, you need to find out some personal details of the person that you are suing like what is his name. It is also important to have the physical address. This will come in handy in instances where the person or entity you are suing has relocated/moved. You can send a letter with a request not to forward the letter if the address has changed. This way you will be able to get the new address.
There are instances where you cannot really locate the person you want to sue. Nevertheless, not all is lost because if he owns property then you can request for the address from the local tax assessor’s office. You can also get the information from the local county property registrar of properties. If you are lucky, you can get not only the other person’s phone number but also his address and physical location of his property.
When suing an organization or business, you first need to figure out what kind of business it is. They are three types namely:
- Sole proprietorship and partnership
In this is case, you file the suit against owner of the business or organization.
- A corporation
Here you file against the legal name of the corporation.
Brian Jones is an expert when it comes to financing lawsuits. You can visit his lawsuit funding website and get more information on funding and advice on how to file a lawsuit.