How to Sue Someone: The Lawsuit Process and Procedure
Have you exhausted all means of trying to work out your situation with the person or business you’re thinking about suing? If so, please use How To Sue Someone as a resource for learning about the lawsuit processes and procedures. While there are many reasons to sue someone or take someone to court, the common reasons people ask “How to sue someone” occur when someone did not hold up their end of a contract or agreement, did not pay you money that you were owed or caused your physical harm in some way. These are some of the most common reasons that you may choose to sue someone or choose to sue a business. While you may feel that you are have a good REASON to sue, do you have a good case? Even when you have the legal right to sue someone or sue a business, your case may not be strong enough to win the lawsuit. If you were to speak with an attorney, they would judge the case based on “cause of action”. This is another way to say “your case”.
Let’s say you wanted to sue someone for a breach of contract, you must be able to prove that you indeed had a contract, that you fulfilled your end of the agreement, that the person or business you intend to sue has not help up their end, and as a result of this, you suffered a loss of money or damages resulted. Let’s think about the business or person you wish to sue for a second. Do you believe they will actually have the money to pay you if they were to lose the lawsuit? If they do not have any money, pursuing a lawsuit may not be the best course of action. As always, speaking directly with an attorney and asking them if suing someone or a business is the right way to proceed.
Do You Have a Good Case to Sue Someone?
Before starting the lawsuit process, it’s important to think like an attorney. Most lawyers will break down the case into bullet points to ensure their due diligence, which are legally required. If these steps are taken, it will point you in the direction of continuing with the lawsuit or not. It’s good to have an idea of the steps involved in suing someone.
Let’s pretend that we hired a home builder to build us a new home. If the company provided substandard work, this would be considered breach of contract. Let’s break down the potential case below:
Contract Formation: To start, did you have a legally binding contract or agreement between yourself and the construction company? If the terms of the agreement are spelled out in a contract, then this element is rather simple to prove. If no written agreement was made, you must prove that you have an enforceable oral contract between yourself and the construction company.
Performance: Each party must be able to prove that they did what was required of themselves as part of the agreement. If you stood up to your end, and in this case made timely payments, allowed the company access to make improvements or construct as needed, you should have no issue proving Performance on your end.
Breach: Has the party (construction company) you plan on suing failed to keep their end of the agreement or contract? This will be one of the most important parts of your case. During this element, you must prove that the other party did not hold up to their end, and for this reason, you intend to sue them for Breach of Contract.
Damages: Have you suffered a loss as a result of the construction company’s breach of contract? If you have, proving this element of the case should be easy. If work was incomplete or the company used damaged materials, you should be able to prove this to your attorney and in the court of law.
Is Time On Your Side to Sue Someone?
In every state, there is a statute of limitations for many different types of cases. These statutes will outline the amount of time you have to actually sue someone or to sue a business. As an example, for lawsuits involving physical injury, most states offer a 2 year window to sue after the injury has occurred.
Thinking About Suing Someone or Suing a Business?
Consult or hire an attorney before proceeding with the lawsuit process. An experienced attorney can advise you on the best way to sue someone or sue a business based on the facts of the case. Based on your consultation with the attorney, they may or may not advise you on proceeding with the lawsuit.