How to Sue
This article will cover the basic procedure of filing a lawsuit in virtually any American jurisdiction. It is important to note that the procedure varies between jurisdictions (including the federal system, and the systems of individual states), and you should check with a local lawyer or court if you have any questions as to the specifics of filing a lawsuit in your jurisdiction.
The first question to ask yourself in deciding to file a lawsuit is whether or not you actually have suffered a legally cognizable injury. If you have, you are said to have a “claim” or a “cause of action.” Determining if you have a claim is often a very difficult and complicated question, and can be a very contentious point in the early stages of a lawsuit, and on appeal.
Assuming that you have determined that you have a cause of action, you must write a complaint. A complaint is a document which tells the court what the defendant has done to you, and what you want the court to do to remedy the situation. The complaint should be written in plain language, and state the facts which constitute the cause of action you have. For example, if you are suing for battery, a very simple complaint might read “on January 20, 2008, Defendant punched me in the nose, causing pain and suffering, and $1,000 in medical expenses. Accordingly, this Court should award Plaintiff $2,000 in damages.”
Once you have written the complaint and filed it with the court, you must serve the defendant. This usually means delivering a copy of a summons and your complaint to the defendant personally. If you are unable to reach the defendant, the complaint can also be left at the defendant's home or business with someone who knows them.
Once these steps are completed, the lawsuit is in the system, so to speak. You should note that this is by no means the end of the legal process. It is, however, the end of the beginning.
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Last Modified: 09-23-2008 04:08 PM PDT
