At Saffren and Weinberg, Marc Alan Weinberg, Attorney and Kenneth Scott Saffren, Attorney are partners. The firm’s tagline is “The People’s Voice In Court.” They make themselves available via phone at (215) 309-9577 or by email on the Saffren and Weinberg website. Saffren and Weinberg provides a no-charge, complimentary case review and answers questions for prospective clients.
What are the Steps and the Process Regarding How to Sue Someone
The justice system in the United States of America is full of tools and opportunities that the general public can use to their advantage. Unfortunately, many individuals are not familiar with how the court system works or the steps necessary to initiate a lawsuit against someone. Initiating a lawsuit is a big commitment because litigation can be costly and take a very long time. Before filing a lawsuit against someone, you should contact a bankruptcy attorney and take every step to exhaust your options in an effort to settle your claims out of court.
If you do decide to sue someone, you should know the necessary procedure on how to sue someone.
Is Your Case Practical?
This should be the first step in your plan to sue someone. This is an obvious step but you must consider the possibility that your case can be thrown out if there is not a legitimate legal claim against the identified party. In layman’s terms, you must present an argument that carries merit to every element of your claim.
For example, if you are suing for a workers’ compensation claim, you must show medical and factual evidence to establish five basic elements. These elements include: meet the necessary statute of limitations, evidence that the injured person was an employee under the FECA, there was an employment factor associated with the injury, the employee was in performance of a duty when he or she suffered the injury, and a casual relationship between the injury and the medical evidence that is produced for the claim.
It is important to build a case that meets all the elements of the legal claim for which you are seeking recovery. This can be difficult to accomplish and it is important to consult with an attorney to better prepare your lawsuit.
Where Do You File Your Lawsuit?
When you sue someone, you must do so under the proper venue. This means that the court where you bring the claim must have jurisdiction and the legal power to hear your case. For example, when filing a personal injury claim, you will usually file the lawsuit in the county where the accident happened, the county where the person who caused the injury lives, or your county. One of the most common personal injury claims stems from various car accident scenarios. So, it is important to consider location because the location must be directly related to the lawsuit for the court to have jurisdiction over your case.
Keep an Eye on the Statute of Limitations
The statute of limitations is something to be mindful of when you are considering bringing a suit against someone. This is the period of time in which you can bring a legal claim against someone for whatever area of law you are seeking recovery. When the statute of limitations runs out, you can no longer bring a suit against someone. The statute of limitations are different for the various types of legal claims but a key concept to keep in mind is that the clock usually starts upon the discovery of an injury or when your legal rights have been infringed upon.
Evaluate Your Evidence
The more evidence that supports your case, the better. Consider this scenario, when filing a medical malpractice claim, you will want to gather your medical records, insurance information, hospital invoices, and all other documents that apply to your claim. You can never have too much supporting evidence so it is important to keep the documents together and organized because you will need to reference them throughout the duration of the lawsuit.
We are Here to Help
These are the foundational tips to prepare you to sue someone. There are many factors to consider when bringing a legal action to court and you may have questions or need professional guidance to ensure your claim has the highest level of success going forward. The experienced attorneys at Saffren & Weinberg are ready to help. Contact us by giving us a call today at 215-576-0100.