How to Organize a Successful Lawsuit

Settlement funding, also known as “lawsuit loans,” provides legal financing to litigants to help pay bills.  It’s common in injury cases.

The process is not always clear or straightforward if you have decided to file a lawsuit. Today’s guide outlines how to organize for a successful case so you can better understand what’s involved in pursuing a claim in court.

The Process of Filing a Lawsuit

  1. Filing a complaint
  2. Answering a complaint
  3. Discovery
  4. Failing to respond to discovery
  5. Conclusion of lawsuit

1) Filing a complaint

The plaintiff must first file a complaint and a summons with their local county court.

When a matter becomes the subject of a lawsuit, the overall process outlined today is referred to as litigation.

Both the complaint and the summons will be served on either:

  • The defendant.
  • A nominated registered agent.

These documents may be personally delivered by a process server or mailed to the defendant.

Forms required for filing a complaint

There are two forms involved at this stage of proceedings, a summons form and a complaint form.

Summons form

A complaint must be accompanied by a summons when a plaintiff files a lawsuit. This is a formal notice informing the defendant that they are the subject of a case. The warrant outlines any required dates when the defendant must appear in court and provides a timeframe in which the defendant must respond to the complaint.

Complaint form

The plaintiff files the complaint in the local court where they reside or conduct business. The complaint forms list all salient facts of the case, including:

  • What the defendant did wrong.
  • The damages the plaintiff is seeking.

 

2) Answering a complaint

When the defendant has been served, they have a specific period to respond to the court by filing an answer or a written document responding to the allegations. This must be filed to the same court.

Forms required for answering a complaint

This stage of proceedings involves two forms, an answer form and a motion to dismiss form.

Answer form

The answer either admits or denies the allegations with a line-by-line response. Also, the solution allows the defendant to raise defenses – the statute of limitations for the claim has expired, for instance.

The defendant also has the opportunity to counterclaim. This means they can seek damages for something they allege the plaintiff did wrong. This counterclaim must be filed simultaneously with the answer.

If the defendant fails to respond promptly with an answer, the court can issue a default judgment ordering the payment of damages as requested.

Motion to dismiss form

Either party may file a motion to dismiss if they feel the lawsuit is inappropriate or unwarranted. This can be filed at any stage of the litigation process.

A judge will assess the merit of the motion before determining whether to advance the suit further.

3) Discovery

The discovery stage of litigation allows each party to ask for more information.

Forms required for discovery

The forms required for the discovery phase of litigation are an admissions form, an interrogatories form, and a production form.

Admissions form

Request for admissions asks the defendant or plaintiff to admit or deny the facts and allegations about the case. All answers are legally binding.

Interrogatories form

This form involves a series of questions the opposing party must answer truthfully on pain of perjury.

Production form

A request for production asks the opposing party to produce all documents concerning the case, such as:

  • Bank statements
  • Contracts
  • Financial records

4) Failing to respond to the discovery

If the plaintiff or the defendant fails to respond to discovery promptly, this can trigger legal consequences, including:

  • A motion to compel
  • A default judgment.

Forms required for failing to respond to discovery

You’ll need the motion to make the form if you want to file an action.

Motion to compel form

A motion to compel form is usually filed with the court by the party’s lawyer if the opposing party fails to answer questions during the discovery phase.

Entry of default form

If a defendant fails to answer a complaint, the plaintiff can ask the judge to enter a default judgment. This judgment awards reasonable damages requested by the plaintiff and gives the defendant a specific time to pay the decision, refute the review, or face contempt of court.

Default judgment form

You can find many default judgment template forms online.

5) Conclusion

Most lawsuits involve a mediation process to settle out of court. Any settlement arrived at in medication is legally binding.

Bringing a case to trial is expensive and time-consuming. You should consult an experienced attorney before you consider engaging with the trial process, and they can also help you find settlement funding.

Settlement funding, also known as “lawsuit loans,” provides legal financing to litigants to help pay bills. It’s common in injury cases.

 

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