Preparing for a lawsuit can be a stressful and complex process. But with the right lawyer on your side and a strong case, you can either reach a settlement with the company/individual you’re filing the lawsuit against, or you can take it to trial and, hopefully, win compensation there. These tips cover everything from determining the legal basis for your claim to considering settlement negotiations. By following these guidelines, you can build a strong case and be well-equipped to navigate the legal system.
1.Determine the Legal Basis
First, identify the legal basis for your claim. This could be a breach of contract, negligence, or a violation of a specific statute or law. A recent and common example is a 3M earplug lawsuit, amongst others. 3M is a company that manufactured faulty earplugs which were sold to various workers, including the United States military (who have used them as the standard earplugs since 2003) and used for protecting the ears from loud noises. However, workers have identified that despite the product’s promises of protection, they have suffered from hearing loss and tinnitus. This means anyone who has used 3M earplugs before may be able to file for a lawsuit if they have used the product and have, as a result of the use, experienced unnecessary harm.
2.Gather Evidence
Once you’ve determined what your legal basis is, you can start to collect and organise all relevant evidence. This can include photographs and videos, which you should try to take from as many angles as possible, and date/time stamped if possible; don’t forget to photograph your injuries and their progression over time, if relevant. You can also use witness statements, medical records (such as prescriptions, diagnosis reports, and lab results), and any other material (such as damaged equipment, torn clothing, etc) that could support your case. Using evidence from credible and unbiased sources, such as the police and medical professionals, should be a priority.
3.Consult with an Attorney
If you haven’t already, it’s important to seek the advice of an experienced attorney who can help you determine the strength of your case and guide you through the legal process. As well as being able to help you collect your evidence, they can provide general legal advice, draft legal documents and stick to deadlines, represent you in court, and negotiate settlements. It’s important to have someone who you trust because they will be the ones in your corner during this stressful process, so they should be there for you emotionally, but professionally, as well.
4.Draft a Complaint
A complaint is a formal document that outlines your legal claims and the relief you seek. Your attorney can help you draft a strong and persuasive complaint that meets the legal requirements. You should list each legal claim or cause of action that you are asserting against the defendant and describe the specific facts that support each one. This should include a detailed account of what the defendant did wrong, how it harmed you, and how it violated the law. You’ll also need to include what relief you are seeking from the court, such as monetary damages, injunctive relief, or other remedies.
5.Serve the Complaint
Once you have filed the complaint with the court, you must serve it on the defendant. This can be done by mail, personal service, or through a process server. After the defendant is served with the complaint, they typically have a certain amount of time to respond, such as 30 days. The defendant may file an answer to the complaint or a motion to dismiss.
6.Engage in Discovery
After the defendant responds, the discovery process begins. This is the phase of the lawsuit where both parties exchange information and evidence relevant to the case. Throughout the course of the lawsuit, there may be hearings and conferences that you are required to attend. Your attorney will keep you informed of these events and guide you through the process.
7.Consider Settlement
Some of these hearings and conferences may include settlement negotiations, which can occur at any stage of the lawsuit, and it’s important to consider the potential benefits and drawbacks of settling the case before proceeding to trial. Settlement agreements typically involve the defendant agreeing to pay a certain amount of money in exchange for the plaintiff dropping the lawsuit. Here are some things you should consider before settling:
- The strength of your case and how likely you are to win if it goes to trial
- The cost of litigation and whether it is worth continuing with all the costs that come with a lawsuit
- Your emotional wellbeing
- Whether they are actually offering what you are owed.
8.Prepare for Trial
If you do not reach a settlement. your case may proceed to trial. You will need to prepare your witnesses and evidence, as well as anticipate and respond to the defendant’s arguments. This could be tried by a judge or trial by jury, but after you have presented your case, a decision will be made either in favour or against.
If the verdict is in your favour, the judge or jury will award damages to the plaintiff (paid by the defendant). If it goes the way of the defendant, the case will be dismissed, and the plaintiff will not be able to pursue the same claim again in the future. A third outcome is if there is a mistrial, which can happen if the jury is unable to reach a verdict, or if there is some other legal issue that arises during the trial. If either party is unhappy with the outcome of the trial, they may choose to appeal the decision to a higher court, which can elongate the lengthy and expensive process.
To summarise, getting a good attorney is an important step as they can help you through the process of preparing a lawsuit. Together, you can determine the legal basis, gather evidence, draft and serve the complaint and go through the discovery process. From there, you can hopefully reach a settlement or take it to trial.