Being involved in a legal dispute can be a trying time. However, if you feel you have been treated unfairly and this caused you to suffer injury or financial losses, you may need to take legal action. Filing a lawsuit against another individual can be a complex procedure and it's ideal to know the steps that are involved in doing so.
Step #1: File a complaint
You should meet with your attorney and discuss your case. This will allow you to discover the strength of it and then file a complaint against the defendant. The complaint will consist of the allegations and charges you have against this person.
Once this has been completed the summons will be delivered to the defendant.
Step #2: Await a Response
Before the case can go any further, you must wait 30 days for the defendant to respond. This response should either admit or deny the charges that have been made against this individual.
Step #3: Discovery Stage
In order to learn all of the details about the case, there will be a discovery stage. This will consist of four parts and these are listed below:
1. Written interrogatories – This is a series of questions that must be answered by both the legal disputants about the case.
2. Deposition – It's possible you may need to meet with the opponent's attorney face-to-face to discuss the dispute and respond to any questions you've been asked.
3. Request for admissions – You may be asked to either admit or deny various statements about the case.
4. Request for production documents – The time to prove your case and to work towards recovering any money you are owed is during this phase.
Step #4: Mediation
You should be prepared to work toward settling the case outside of the courtroom. It's the law for the defendant and plaintiff to attempt this before going in front of a judge or jury.
Mediation is completed on a set date where there will be a mediator who will work with the legal disputants involved to agree to a settlement.
Step #5: Final verdict
If the case isn't settled at mediation it will continue to court to be tried by a judge or jury and a final verdict will be made. However, it is possible to appeal any decision that is made by the court.
The key to having success at taking legal action against another person is to know what to do. Be sure to rely on the expertise of an attorney from a firm like Kornfeld Robert B Inc PS to assist you with filing a lawsuit.