Keep in mind that your insurance company may just pay you directly without a settlement depending on your policy.
Call and schedule a consultation where you can talk about your case. The lawyer can give you good advice about how complicated the case will be and whether you should even sue. Generally, you can hire a lawyer in a personal injury lawsuit or discrimination lawsuit without having to pay fees. Instead, the lawyer will represent you on contingency, meaning they only get paid if you win. [1] X Trustworthy Source American Bar Association Leading professional organization of lawyers and law students Go to source
You can also ask witnesses to submit affidavits, which are sworn and written testimonies of what they witnessed. If you’re suing an employer for discrimination, good witnesses include fellow employees and your boss. If you’re suing for a personal injury, then a good witness is anyone who saw you get injured.
Make sure the time stamp works on your camera and that it records the proper date. If not, write the date down on the back of developed pictures. [3] X Research source Take photographs from many different angles and different light. Remember not to smile in your photographs.
Hold onto all medical bills, since you can be reimbursed for them. If you hire an attorney, they may recommend that you visit a doctor that specializes in personal injury cases. However, if you need emergency medical treatment, don’t wait for a referral from your attorney.
Pain and suffering. Document this suffering in a pain journal. Each day, write down how you are feeling and the location and intensity of any pain. [5] X Research source Lost wages. The injury might have prevented you from working. Gather evidence of how much you made, e. g. , recent pay stubs or proof of self-employed income. You can be compensated for this loss.
If you wait too long, you can’t bring a lawsuit, no matter how solid your case. Some statutes of limitations are only a year, so don’t delay.
Hold onto a copy of your letter before mailing it certified mail, return receipt requested.
For example, in Alabama, the limit is $6,000, but in Alaska the limit is $10,000. [7] X Research source You can search online to find out the limit in your state, or stop into your court and ask the clerk for the dollar limit.
For example, you might live in Missouri but go to Florida for vacation. While on vacation, you go shopping and get injured at a store. If the company has stores in Missouri, you can probably sue back home. However, if the company only has stores in Florida, chances are you can’t sue in your home state.
To sue in federal court, your case should arise under federal law. For example, federal antidiscrimination law allows you to sue in federal court. Alternately, you can sue in federal court if you reside in a different state from where the defendant has its principal place of business. The case must 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 in federal court even though you are suing under state law, not federal law. [9] X Research source Often, you have a choice. For example, you can bring most federal law cases in state court.
Negligence. This means someone injured you because they were careless. You must prove the defendant owed you a duty of reasonable care, that they broke that duty, and that their carelessness caused your injuries. A common example: car accidents. Breach of contract. You must show that you have a valid contract, that the company broke the terms of the contract, and that you suffered injury. [10] X Research source Employment discrimination. Employment discrimination involves an adverse employment action (such as demotion or termination) taken because of your protected characteristic, such as your race, color, religion, sex, age, national origin, disability, or genetic information. Fraud. Fraud occurs when the defendant creates a false impression that you relied on, and you suffered injury as a result of that reliance. [11] X Research source A common example: you bought a house because the owner said the roof was new when it wasn’t.
Some courts have fill-in-the-blank forms you can use. Check the court’s website or ask the court clerk. If no form is available, then search for sample complaints online or in a book of legal forms which you can find in a library. Alternately, you should consult with an attorney if you need help.
You’ll also need to fill out a summons at the clerk’s office.
Generally, you’ll need to pay someone to serve the papers, either the sheriff or a private process server. If you sue in small claims court, you can usually mail the papers to the defendant.
If you sue a large company, you might have agreed to arbitrate any disputes instead of going to trial. Look at any contract you signed with the company. These arbitration clauses are enforceable, and the defendant will ask the judge to compel arbitration. [14] X Research source
Mediation is useful if you don’t have a lawyer, since it is a form of guided settlement. You and the defendant meet with a mediator, who helps each side listen to the other. If you are successful, you sign a settlement agreement and dismiss your lawsuit. [15] X Research source
A trial in civil court will be more formal. Each side will make opening statements and closing arguments. As the plaintiff, you will call your witnesses first and then cross-examine the defense witnesses. [16] X Research source The best way to learn about a trial is to sit in on one. Courthouses are open to the public, so find a trial that has just started. Sit in the back and take notes. Pay attention to where the parties sit and stand, and the kinds of questions they ask witnesses.
