Legal Disputes 101: The Process of Filing Lawsuits
Most people don't think that they will ever find themselves in a situation where they will need legal representation and go to court until it happens. Whether they are on the giving or the receiving end of a legal dispute, going through the process can always take a toll on the individual.
But that emotional and mental toll can be worth it if the person seeking to be compensated gets what's rightfully theirs in the process. All legal disputes begin with two parties: the plaintiff or the person filing a claim and the defendant or the person receiving the complaint.
In a situation when you feel like you were taken advantage of or wronged, you should know that you have the option to file a complaint against the alleged guilty party to get compensated for your suffering. It can be overwhelming to go through this process alone, which is why it's recommended to get legal representation beforehand.
The process of filing lawsuits or reaching settlements is not discussed in school, so most people are hesitant to get the justice they deserve. To make this complex process easier to comprehend, here is a quick run-through of what you will undergo should you decide to file a lawsuit:
Filing of the Complaint
As a plaintiff, you can file a case in civil court claiming that the defendant has intentionally damaged your property and that you're seeking to be compensated for the damages. It won't be difficult to find legal representation for this because property damage cases are one of the most common types of lawsuits filed in small claims court.
But before you can be awarded the monetary judgment, you will first have to prove that your claims are valid and legal, preferably with an eye witness. The monetary judgment can be valued at either the cost to fix or replace your damaged property, which is derived from several cost-effective estimates.
Notification and Response
In some cases, defendants can be hard to track down on your own, especially if you don't have the time or resources to look for them. When this happens, it can be better to seek help from professionals who handle service of process all the time so that your legal papers are delivered with no delays.
Settlement or Trial
If you and the defendant can reach an agreed-upon amount for settlement during the mediation, then the claim can be dismissed in court. You will no longer have to stand trial and defend your claims because the defendant will have compensated you for the damages they have intentionally caused.
However, if you and the defendant don't see eye to eye on the case, then you might have to wait until your trial before you can seek the justice you deserve. This can be a lengthy, expensive, and taxing process for both parties, which is why most attorneys prefer to settle out of court.
Filing a lawsuit and going to court are not activities that people enjoy because these can take a toll on an individual's overall well-being. But sometimes, it's an uncomfortable process that has to be done because it's the only way people can move on from the sufferings they have endured. So if you believe that you are on the right side of the law, don't be afraid to call out those who have wronged you.
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