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An average of 115 people die each day in motor vehicle accidents in the US - one every 13 minutes
Family Law - How Do I File a Lawsuit?
The lawsuit is the means provided by our legal system for a person who believes that he or she has been wronged or injured by the misconduct of another person. The person seeking compensation is called the plaintiff - the person or company that compensation is being sought from is called the defendant.
The lawsuit begins when the plaintiff files a document called a complaint in court. The complaint will identify all the defendants and contain statements (called "allegations," because they have not yet been proven to be true in a court of law) of what the defendants did wrong, and how that wrongful conduct has harmed the plaintiff.
Statute of Limitations on Filing
If you or a loved one has been wronged or injured by another party your case must be filed within the statute of limitations. This means that the case must be filed within a certain time period or you will be barred from receiving compensation. The statute of limitations is different for each state.
Determine the Jurisdiction
Once you have consulted with an attorney and are ready to file a lawsuit. Your next step would be to determine which court has got the jurisdiction to hear the case. There are two kinds of jurisdiction, personal jurisdiction and subject matter jurisdiction.
Personal Jurisdiction
Personal jurisdiction would determine whether or not a particular state court could hear the case. This is determined at a base level, by whether the defendant had some minimum contact with the state in question. Most often, several courts have competent jurisdiction, and your attorney would decide which offer could be the most favorable venue for your case.
Subject Matter Jurisdiction
This jurisdiction decides whether you should bring the case to a state or federal court.
If the cause action for the case concerns federal law then the action must be brought to the federal court. Cases like discrimination claims could be brought either under state or federal claw, so you have the choice to select among the state and federal courts.
A lawsuit could also be brought to the federal court if the parties involved are from different states- called as diversity of citizenship and the claim is for more than $75,000.
As a general rule federal courts are a better choice as they have more experienced judges, better clerks and take more care in allowing the cases go to trial than the state courts. On the other hand if you were a plaintiff and hoping to have a sympathetic jury, state court would be a better choice.
Filing as a Last Option
If you've determined that a lawsuit is your only option, and you've consulted with an attorney to try your case, then you're ready to get those legal gears turning. In this first stage of the lawsuit (known as the pleadings ), your attorney writes a document (called the complaint ) that:
- Describes the basic facts of your case
- Names everyone involved
- References the legal theory to back up your claim
- States what you want as the outcome (money, an agreement of action, etc.)
YOU MAY BE ENTITLED TO MONETARY COMPENSATION.
If you are in need of legal advice or services, or simply wish to speak to an attorney who has successfully handled a Family Law case in your state, you may use this Free Online Consultation Form.
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