1. Do you have a right to sue?
Business disputes happen from time to time but they don’t always warrant a lawsuit. Before you initiate a civil action, make sure you have legal standing to do so. If not, your case may be later dismissed by the court. Not sure? Speak with an attorney before taking any action.
2. Who will you sue?
One of the first steps you must take before you file a lawsuit is to determine who is at fault for your injuries. It is possible to sustain an injury at the fault of no one else. In this instance, you won’t have a legitimate claim to pursue legal actions against another party or entity.
In a clear cut rear-end collision, it’s obvious you will seek recovery from the person who struck your vehicle. But in other cases where liability is not as clear, you may have to conduct an investigation to identify the person responsible for your damages.
3. Did you sustain any damages?
In most states, it is not enough to suffer an injury at the fault of another person or entity. You must show the court that you sustained damages (physical, financial or both) if you want to substantiate a lawsuit against another party.
4. Are you suing an individual or a business?
If you plan to sue an individual, you will need his/her full legal name and address. Without the latter, it may be impossible to serve him with a copy of the lawsuit.
If you are suing a business, service may be less of a problem as you must provide the corporation’s registered agent with a copy of the lawsuit. This information can be obtained from the Secretary of State’s office.
5. When did the injury occur?
There’s a deadline by which you must file a lawsuit. That period of time is known as the statute of limitation.
If you fail to settle your claim or file a lawsuit before the statute of limitation expires, you will be permanently barred from initiating a legal action against the at-fault party.