When a business troubles you, you can do more than just writing an angry letter to the owner. Instead, you can get a lawsuit and get financial compensation for your injuries. To begin the process, collect evidence that the company is responsible for your injuries – whether it is physical, financial or emotion – and then choose the right court to sue.
Talk to your insurance company.
Depending on your claim or case, your insurance company may be able to provide you with an attorney or legal team to help you. Your insurance company can also negotiate for you with the defendant or his insurance company. Before you do anything, it is a good idea to reach your insurance company if they can help.
Keep in mind that your insurance company can pay you directly without settlement on the basis of your policy.
Consult with an attorney.
Some lawsuits are simple, and you can handle them on your own. However, other matters are complicated and you may need to appoint a lawyer. In any event, you should consult an attorney to talk about your case. Ask friends or family if they can recommend anyone. If you do not have a lead then get a referral from your nearest Bar Association.
Call and schedule a consultation where you can talk about your case. The lawyer can give you good advice on how difficult the case will be and whether you should also prosecute.
Generally, you can hire a lawyer in a personal injury lawsuit or discrimination lawsuit without paying fees. Instead, the lawyer will represent you with contingencies, which means they only pay if you win.
Write down what you remember.
You are the party’s face, so sit down as soon as possible and enter your memories. what happened? When did it happen Try to be as elaborate as possible. As time passes, you will remember less, so please complete it now.
You want them to test on your behalf in the trial. Identify any of the witnesses and briefly describe their name, contact information and what they saw. If you are badly hurt, ask someone else to take this information before leaving the scene of the accident.
You can also ask the witnesses to submit affidavits, which are the written evidence of the sworn oath and what they saw.
If you are suing for an employer discrimination, then good witnesses include fellow employees and your boss.
If you are suing for personal injury, then a good witness is someone who saw you are injured.
If you have been injured in a store, have you returned to a store that can take pictures of any danger? During refresying, you should also take pictures of your injuries. By the time you reach for the test, the scratches will disappear and the marks will be fine.
Make sure the time stamp works on your camera and it records the correct date. If not, write the date behind the developed pictures.
Take photos from many different angles and different lighting. Remember not to smile in your photos
Gather medical records.
If you have a bodily injury, you will need a medical document. Receive copies of the emergency room, diagnosis and diagnosis of the doctor, along with the notes of the doctors, notes of doctors, examination and examination results. Write a list of medicines you take.
Hold all medical bills because you can be reimbursed for them.
If you rent an attorney, they can recommend that you meet a doctor who specializes in personal injury cases. However, if you need emergency medical treatment, do not wait for a referral from your lawyer.
Collect proof of other injuries.
You can sue for various types of injuries depending on the circumstances. Keeping the following in mind:
pain and suffering. Document of this pain in a pain journal. Write each day, how you feel and the location and intensity of any pain.
lost wages. The injury can stop you from working. Collect evidence of how much you made, a recent proof of paid stubs or self-employed income. You may be compensated for this loss.
You have limited time to get the case. This window of time is called “the law of borders”. Search online or ask an attorney about the laws of boundaries for your claim.
If you wait too long, you can not bring a lawsuit, even if your case is not so concrete.
Some laws of the borders are only one year, so do not delay.
Send a written demand to the company.
In some states, you have to send a demand letter to the defendant before you can sue. In the letter, you explain your injuries and tell the defendant how much you want to settle. Set the amount high – you should expect the defendant to reduce the amount and try to negotiate.
Pause a copy of your letter before returning this certified mail, return the requested receipt.
Choosing Where to Sue
Sue in small claims court if your case is small.
In America, each state has a small claim court which handles small matters. These courts are ideal, especially if you do not have a lawyer. The maximum limit for each state is that you can file a lawsuit in the court.
For example, in Alabama, the limit is $ 6,000, but the limit in Alaska is $ 10,000.
You can search online to find the limit in your state, or stay in your court and ask the clerk to get the dollar limit.
Identify where the defendant does business.
You can only sue in a court which has the power of the defendant. This power is called “jurisdiction”. Generally, you can sue in the jurisdiction where the defendant does the business. If the company has an office in the state, you can usually sue them. There are exceptions, such as if a company was traveling through the state, they usually do not do business on the injury. In that case, the courts of that state will have jurisdiction over them.
For example, you can live in Missouri, but you can go to Florida for a holiday. At the time of vacation, you go shopping and get injured at a shop. If the company has stores in Missouri, then you might return home. However, if the company only has a store in Florida, then it is likely that you can not sue in your home state.
Choose whether to sue in state or federal court.
If you do not want to sue in a small claims court, then you should decide which regular civil court to sue. U.S. In, you sometimes have the option to sue in the state or federal court or not. Consider the following factors:
In order to sue in a federal court, your case should arise under federal law. For example, federal anti-conflict laws allow you to prosecute in a federal court.
Alternatively, you can sue in the federal court if you live in a different state where the defendant’s business is the main place. The case should also be worth a certain amount (more than $ 75,000 as of 2017). This is called diversity jurisdiction. In this situation, you can bring your case to federal court, even if you are suing under state law, not under federal law.
Often, you have a choice. For example, you can bring most federal law matters to a state court.
Filing Your Legal Papers
Learn the law.
You can only sue when you have a recognizable “cause of action”. There are many reasons for action, but each has some elements or facts that you have to prove to win. You should identify your reasons before the action. An easy way to know about the law is to find pattern juroric instructions online. Common causes of action include the following:
Negligence. This means that someone injured you because they were careless. You should prove that the defendant has given you the duty of proper care, that he broke that duty, and their negligence caused the cause of your injuries. A common example: car accidents
breach of contract. You have to show that you have a valid contract, that the company broke the terms of the contract, and hurt you.
Employment discrimination involves adverse effects on employment due to your protected nature, such as your race, color, religion, sex, age, national origin, disability, or genetic information (eg demotion or termination).
deceive. Fraud occurs when the respondent makes a false impression on which you trusted, and you suffered as a result of that dependence. A common example: You bought a house because the owner said that the roof was new when it was not.
Fill out your complaint.
You start a lawsuit by registering a complaint in which you recognize yourself as a “plaintiff” and the company you are suing as a “defendant” also explains the factual background of the dispute. You also claim money compensation (which is called “damage”).
In some courts, the forms you can fill can be filled. Visit the court website or ask the court clerk.
If no form is available, then search for a book of online or legal forms of sample complaints, which you can find in the library. Alternatively, if you need help, then you should consult an attorney.
File your complaint with the court clerk.
Make copies of your complaint and take the original and copies to the court clerk. Ask to enter Generally, you have to pay a filing fee. If you can not afford it then ask as fee forgiveness.
You must also fill in a summons in the clerk’s office.
Arrange to serve the defendant’s agent.
Submit a copy of the complaint and a defendant to the summons. A company should have a registered agent who will receive the service of the process. The name of this agent should be listed in the business database of your jurisdiction.
Normally, you will need to pay someone to serve the papers, either Sheriff or a private process server.
If you sue in a small claims court, you can usually mail the defendant to the papers.
Read the defendant’s response.
The defendant should file an answer in which he denies your accusations and even sues you. For example, if you sue for a violation of the contract, it is normal for the respondent to claim that you actually broke the contract.
If you sue a large company, you may agree to arbitrate any dispute rather than go to the trial. See any contract signed by you with the company. These arbitration clauses are enforceable, and the defendant will ask the judge to compel the arbitration.
Preparing for Trial
Consider settlement or mediation.
The lawsuits are time-consuming, unpredictable and expensive. For these reasons, you want to resolve your case before going to court. Often, both sides are happy with an agreement. You will get some money to cover your injuries, and the company can put this dispute behind them.
Mediation is useful if you do not have a lawyer, because it is a form of guided settlement. You and the defendant meet with an arbitrator, who helps each other to listen to the other. If you are successful, then you sign the settlement agreement and reject your lawsuit.
Subpoena your witnesses.
Prepare a list of witnesses who have useful information. You will need to give a witness list to rescue. You also need to make sure that witnesses appear in the test, so give them a sub-service. There should be a form that you can fill in the clerk’s office.
Continue on to trial.
Each test is slightly different. If you are in a small claims court, then you probably do not have a jury. Instead, a judge will hear the case. This process can be informal, or not – each state determines its own rules.
The hearing in civil court will be more formal. Each side will speak frankly and will stop the debate. As a plaintiff, you will call your witnesses first and then cross the rescue witnesses.
One of the best ways to know about a test is to sit on one. Courthouses are open to the public, so find a test that has just begun. Sit back and take notes. Keep in mind that where the parties sit and what kind of questions ask.