Before filing a lawsuit, you should know which steps to take to ensure you can get compensation.
Filing a lawsuit is common when someone wants to get money for property damage or personal injuries. Unfortunately, many people are unaware of how to file a lawsuit, which leads them to do nothing, even if they have substantial evidence.
Understanding the lawsuit filing process isn’t difficult, but things are made much simpler when you hire a lawyer. They’ll not only guide you throughout the process, but they’ll also ensure that you get compensated.
We’ll save you some time by covering the main steps in the lawsuit filing process.
Read on for everything you need to know!
Both Parties File Pleadings
Shortly after filing a civil lawsuit, both parties will file what is known as a “pleading.”
Pleadings are essentially documents that outline the story of each side of the dispute. These pleadings will be used with evidence to help the judge determine who’s right.
The first pleading is made by the person filing a civil lawsuit. Their pleading is then sent to the defendant, in which they’ll put together a response. This will give them plenty of time to get a lawyer and form their defense.
Enter the Discovery Phase
Another thing that happens soon after filing a federal lawsuit is the gathering of evidence. This period is known as the “discovery phase” and is a time in which both parties collect evidence to support their pleadings.
When you file a lawsuit and hire a lawyer, they’ll immediately start gathering substantial evidence until trial. This makes it one of the longest steps in the lawsuit filing process. However, the discovery phase may end quicker if both parties reach an agreement, which is often the best solution.
Settle the Case or Go to Trial
Settling the case before going to trial is beneficial to both parties because it allows the plaintiff to receive lawsuit funding quicker while the defendant pays less. You can read on here to find out how to get lawsuit funding before reaching an agreement with the defendant.
In many cases, defendants will agree to settle when they’ve been presented with substantial evidence. For example, if you show a video of them committing the crime, they’ll be less likely to fight the accusation.
However, many people try to stick things out because they think their lawyers can win. When this happens, you can immediately take the lawsuit to trial and have a judge decide. Should you win the case, you’ll most likely walk away with more money than you would have if you settled before trial.
Now You Understand the Lawsuit Filing Process
No matter what you want to file a lawsuit for, you’ll know exactly what needs to be done having read this article. If you’ve recently been a victim of a crime, you should hire a lawyer before filing a civil lawsuit. This will ensure that all the correct steps in the lawsuit filing process are taken.
If you’d like to negotiate with the defendant, ensure that you outline the costs of any damages and injuries. This will give them a good idea of how much they’ll have to pay.
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