What is a Lawsuit? The Basics.

Posted by | July 25, 2014 | Laws, Personal Injury Blog | No Comments

If you have been injured in some way, and you are having difficulty getting the person who injured you to compensate you in a fair manner, it might make sense to file a lawsuit against him or her. Before you decide to take such a drastic step, it helps to consult a knowledgeable attorney, and it is also a good idea to have a general idea of the basics associated with a lawsuit.

A “Suit in Law”

A lawsuit is a civil action. This means that, instead of the government (representing the people as a whole) bringing charges against you as is done in a criminal action, the matter is one that takes place between two civilians.

There are two main parties involved in a lawsuit:

  1. Plaintiff: This is the person bringing the grievance. If you have been injured by someone else, and you are bringing a lawsuit against him or her, you are the plaintiff. You have a complaint against someone else. You are demanding redress for a loss that you claim is the result of someone else’s action.

  2. Defendant: This is the person who is trying to defend against the accusation. The defendant tries to show that he or she isn’t responsible for the loss — or at least that he or she isn’t responsible to the extent the plaintiff claims he or she is.

Civil actions like this can be decided by a judge, or they can be heard by a jury. When you seek help from the law through a lawsuit, you run the risk of having the judgment go against you. However, if you have a good case, and it is well-argued, and the defendant really does owe you something, then the judge and/or jury is likely to find in your favor.

When you win a lawsuit, you might receive awards that can help you recover some of your loss, whether it’s recuperating the cost of damaged property so you can replace it, or whether it’s an amount money that will help you maintain your quality of life if you have been damaged and are unable to work as a result of someone else’s actions.

It’s important to note that you can file a lawsuit against a company or another organization if you have been wronged in some way (it doesn’t have to just be due to injury). You can sue these large organizations, as well as individuals.

Getting Help with Your Lawsuit

When you aren’t being treated fairly, it makes sense to file a lawsuit in order to move the matter forward. However, there is a lot of paperwork to file, and there are legal procedures to follow both inside the courtroom and outside the courtroom. If you don’t have the training to work in this situation, you might have difficulty getting the results you want.

This is where a lawyer can help. The right attorney can help you determine how much you should expect, and he or she can help you get the right paperwork filed. Some lawyers are so experienced that they have a good idea of which judge it is best to try to hear your case. An attorney can also help you decide when to accept a settlement; sometimes it makes more sense to call off the lawsuit when an acceptable settlement is offered.

Your attorney can help you avoid the pitfalls, while providing you with valuable insight as you build your case. With a good lawyer helping you, there is no reason that you can’t reach a more agreeable situation when someone is trying to avoid compensating you fairly.

What is a Lawsuit? The Basics. by