What does it mean to “file suit,” and why do we do it?
Filing a “suit” means taking legal action to settle a disagreement between parties. In other words, it means filing a lawsuit against another party. The main purpose of a lawsuit is to settle a disagreement between two parties, usually through financial compensation.
But not all lawsuits end in financial compensation — the judge or jury might establish other possible ways to settle the disagreement between the two parties if monetary compensation is not an option.
How Can I “File Suit”?
Lawsuits are usually handled by civil courts. You can file a suit with or without an attorney. If you file a lawsuit without an attorney, chances are you will experience many challenges along the way. On the other hand, hiring an attorney to represent you in the lawsuit comes with numerous benefits.
What Are Some of the Challenges of Filing a Suit Without an Attorney?
If you file a lawsuit without an attorney, you might not fully understand your legal options. Many people do not realize that certain disputes, including those demanding financial compensation, can be settled out of court.
Therefore, filing a lawsuit might not be a great idea if that particular issue can be solved out of court. In addition, lawsuits are not only expensive but also time-consuming.
Secondly, you may not be familiar with crucial laws regarding your case. The same applies to deadlines you must meet when filing the case. In general, the legal field can be confusing to navigate without an attorney.
It is even worse when filing a personal injury claim. Whether or not you decide to work with an attorney, there is always a possibility that the other party will have a legal team fighting for them. So if you decide to proceed with the case without a lawyer, you will likely have to face the defendant’s legal team, which will not be a pleasant experience.
Then there is also the issue of court paperwork. Filing the wrong paperwork could be all it takes to jeopardize an entire claim.
Why Do I Need an Attorney to File a Suit?
An experienced attorney can help you navigate complex legal processes when filing a lawsuit. Remember, it is one thing to file a suit, and a totally different thing to win the suit.
To win, you will need to collect crucial evidence, interview witnesses, research various laws, interview the other party, defend your rights in court, etc. Because attorneys are familiar with how the law works regarding your specific case, they can help you file a successful suit.
When Is It Necessary to File a Suit?
The truth is that not every disagreement warrants a lawsuit. This is especially true if the other party is willing to cooperate with you to find a lasting solution to the problem.
For example, in personal injury cases, the other party might be willing to reach a settlement agreement with you if they are responsible for your injuries. In that case, you may negotiate out of court to reach an agreement. An experienced attorney can represent you during the negotiations, ensuring your rights and best interests are protected.
A lawsuit may be necessary if the liable party refuses to settle a claim.
Is a Lawsuit the Same as a Claim?
No. Although these two terms are often used interchangeably, they have two different meanings in the world of personal injury litigation. First, a lawsuit is a legal action one party takes against the other in court. In short, you file a lawsuit in court because you want the judge or jury to preside over the case.
A claim is your request to an insurer for compensation. For example, suppose you get injured in a car accident in a no-fault state. In that case, you will need to file a claim with your own insurance company seeking compensation for your medical expenses as covered by your PIP insurance. If you have a valid claim and your insurer refuses to settle, then you may proceed with a lawsuit against them.
What Are the Elements of a Personal Injury Suit?
You cannot file a lawsuit just because you disagree with the other party. Rather, you must be able to demonstrate that their conduct harmed you in one way or another.
Here is a summary of the four critical elements of a personal injury lawsuit:
- The defendant owed you a duty of care
- The defendant breached the duty of care
- You were injured
- The injuries derived from the defendant’s breach of duty
Where Can I Find an Attorney to File a Lawsuit?
If you have been injured by someone else’s negligence, you need more than an attorney. The truth is, not every kind of attorney you come across can fight for you. The right attorney must possess certain characteristics if you are serious about winning your lawsuit.
You need an attorney with powerful legal resources to build a strong case on your behalf. Secondly, the attorney must have a proven track record of winning such cases. The last thing you want is to hire an attorney who will use your case as an experiment. Lastly, you need an attorney with a good reputation.
If that is what you are looking for, your search ends at Morgan and Morgan. We are the largest personal injury law firm in the country, serving clients from coast to coast. So you can count on our attorneys to fight for you if you intend to file a product liability lawsuit or something as complex as wrongful death or medical malpractice.
Contact Morgan and Morgan for a free, no-obligation case evaluation.