what type of lawyer do you need to sue in a civil courts case?

Full Answer

Do I need a civil attorney to file a lawsuit?

If you need to file a lawsuit it is strongly suggested you seek the assistance of a civil attorney. A civil attorney can help you navigate the complicated court system and ensure that you do not miss any important deadlines. A civil attorney can also consider your case and help you determine the likelihood...

What kind of lawyer do I need to sue a city?

What Kind of Lawyer Do I Need to Sue a City? If you want to sue a government entity after an accident, you'll probably need a personal injury lawyer. Please answer a few questions to help us match you with attorneys in your area.

How do you decide who to sue in a civil case?

Identify who to sue. Before deciding who you will sue, consider all of the possible parties that could be legally responsible for your harm. Also, take into account the resources of each party to determine whether any of them have enough money or assets for you collect a judgment if you win your lawsuit.

What type of court do you need to file a lawsuit?

If the law at issue is a federal law, you will need to sue in federal court. Lawsuits filed in federal court are less common. They include cases involving civil rights, patent infringement, federal antitrust laws and discrimination. If you are suing in state court, you will need identify the appropriate court within the state.

Who files suit in a civil case?

the plaintiffThe Process. To begin a civil lawsuit in federal court, the plaintiff files a complaint with the court and “serves” a copy of the complaint on the defendant.

What are the 4 types of civil law?

Four of the most important types of civil law deal with 1) contracts, 2) property, 3) family relations, and 4) civil wrongs causing physical injury or injury to property (tort). C. Contract law involves a contract, or a set of enforceable voluntary promises. D.

What are the three most common types of civil cases?

These are some of the most common types of cases to appear in civil court.Contract Disputes. Contract disputes occur when one or more parties who signed a contract cannot or will not fulfill their obligations. ... Property Disputes. ... Torts. ... Class Action Cases. ... Complaints Against the City.

Can you go to jail for a civil case?

Civil law also settles disputes between individuals and organisations. If you are convicted of a civil offence, you are not likely to be sent to prison, but most often will become liable for compensation.

What is considered a civil offense?

Examples are murder, assault, theft,and drunken driving. Civil law deals with behavior that constitutes an injury to an individual or other private party, such as a corporation. Examples are defamation (including libel and slander), breach of contract, negligence resulting in injury or death, and property damage.

How long does a civil lawsuit take?

While an actual trial in court usually takes only a few days, the pre-trial process and the process of preparing a case can take weeks or months. In especially complex cases where both sides present extensive witnesses and lots of technical evidence, even the trial process can stretch on for a long time.

What type of cases are decided by civil law?

Divorce cases, rent matters and sale of land cases are decided under Civil Law.

What do civil courts deal with?

Issues like debt, housing disputes and bankruptcy are called civil cases and are dealt with in either the Court of Session or the sheriff court. Civil cases also include cases involving: divorce.

How to file a lawsuit in civil court?

The first step to formally filing a lawsuit in civil court is to prepare a document called a "complaint.". A complaint sets forth the grounds or cause of action for your lawsuit. This document must be filed with the appropriate court in accordance with the rules of civil procedure for that jurisdiction.

How to decide who to sue?

Identify who to sue. Before deciding who you will sue, consider all of the possible parties that could be legally responsible for your harm. Also, take into account the resources of each party to determine whether any of them have enough money or assets for you collect a judgment if you win your lawsuit.

What do you need to know before filing a lawsuit?

Before filing your lawsuit will need to determine whether a state or federal court has "jurisdiction" (power) to hear and decide your case. If the answer is state court, you will additionally need to identify what type of state court has jurisdiction over your claim.

What cases can you file in Texas?

This will apply to the majority of cases, including personal injury, landlord-tenant, breach of contract, divorce, and probate matters. For example, if you are suing for injuries sustained in a car accident that took place in Texas, you should file suit in Texas.

How to serve a complaint in court?

Depending on the type of case and the rules in your jurisdiction, serve the defendant either by mail, personal service, through the County Sheriff or a process server.

What are the types of lawsuits filed in federal court?

Lawsuits filed in federal court are less common. They include cases involving civil rights, patent infringement, federal antitrust laws and discrimination. If you are suing in state court, you will need identify the appropriate court within the state. These courts vary from state to state.

How much money can you file in a small claims court?

Generally, claims involving a relatively small amount of money (up to $10,000 depending on the state) should be filed in small claims court. A separate court will hear cases involving medium-sized claims (usually up to $25,000) and another court will hear most claims that exceed that amount.

What is a civil attorney?

A civil attorney, commonly known as a litigator, is a lawyer hired by a client to pursue or defend a civil lawsuit in a court of law. A civil lawsuit can arise in many different areas of law and often concerns the recovery of money or property. Civil attorneys specialize in a wide range of areas, including: personal injury law, employment law, ...

Can you sue someone for a non-criminal crime?

As mentioned above, someone can sue or be sued under almost any non-criminal theory of law. If you believe you have been wronged financially or otherwise, it would be ideal to hire a civil attorney to help you assess the merits of your case. Furthermore, if another person or business ever sues you, it is best to immediately consult ...

What is the first step in contract law?

The most important first step you can take in any contract law claim is to consult with a lawyer. The best way to find the right type of lawyer, regardless of the exact facts associated with your case, is to contact a legal referral service.

What is breach of contract?

A breach of contract occurs when the contractor fails to hold up their end of the bargain. For example, a home reno contractor might miss a deadline, fail to deliver a completed product, or even display incompetence in providing a service.

Is it wise to make assumptions about your case?

It is never wise to make assumptions about your case, or your chances of success, without at least consulting a lawyer. Contract law contains plenty of confusing “grey areas” and loopholes. The exact interpretation or presentation of the facts associated with your case could significantly change the outcome.

Is stealing an item from a client's home a chargeable offense?

These commonalities are mostly a result of the fact that there are only so many ways to violate a contract. Other transgressions, such as stealing an item from a client’s home, might be a chargeable offense as well as grounds for a civil suit. Still, others may constitute a crime, but not necessarily justify a lawsuit.

When suing a person, should you use the defendant's name?

If you are suing a person and know the person’s full legal name, that is usually what you should use when you list the person as a defendant in your case.

What is the most important step in a lawsuit?

Identifying and suing the correct "defendant" (the person or company you believe owes you money) is one of the most important steps in your case. Click to jump to Choosing My Defendants below to learn more.

Why is a defendant necessary?

Generally speaking, a defendant is necessary if the court will be unable to make a complete determination of the controversy if the person is absent from the case. For example, pretend you are suing because there is a dispute about a piece of land that you thought you purchased from a husband and wife.

Can you sue all the defendants at once?

It simply makes sense to sue them all at one time. If you have any doubt about who to name as a defendant, you may need to perform some basic factual investigation and legal research. You could also hire an attorney to advise you on the limited issue of who to sue. Click to visit Lawyers and Legal Help and Law Libraries.

Do husband and wife have to be named as defendants?

In your case, both husband and wife would need to be named as defendants. They both have an ownership interest in the land. They both have the right to protect their ownership interest. And if one of them is not involved, the court could not make a clear and final decision about who actually owns the land.

Can you sue more than one defendant?

You can sue more than one defendant for the same incident or contract. But each defendant must have some actual interest in the subject of your case and must be (at least arguably) responsible somehow for your injury .

How to win a lawsuit against an attorney for malpractice?

To win when you sue an attorney for malpractice, you need to show that: The attorney was supposed to do something. He or she didn't do it (or did it wrong) This resulted in a financial loss to you (losing the case or losing money)

What happens if an attorney violates the law?

If the attorney violated proper ethics, you can file a grievance with the ethics committee of the state bar association, which ensures all attorneys are in good standing to renew their licenses. The attorney could be disbarred or directed to pay you compensation.

What are the types of malpractice?

Types of Attorney Malpractice 1 Negligence. To sue lawyer for negligence, you need to be able to prove the attorney didn't use the proper care in your case and missed a deadline, filed the wrong papers, didn't comply with court orders, or made other errors that were not intentional but were sloppy. Negligence happens when the attorney makes mistakes that other attorneys normally would not. 2 Breach of duty. This kind of malpractice happens when the lawyer violates his or her responsibilities to you by settling the case without your approval, not preparing the case for trial, lying to you, abandoning your case, misusing funds you provided for court costs, or misusing funds owed to you (such as a settlement amount). The attorney has not done what other attorneys would do in this type of case. 3 Breach of contract. This occurs when an attorney fails to do something he or she agreed to in your contract, such as filing your deed or patent. If the lawyer promised to do something he or she was contractually obligated to do and didn't do it, you have grounds for breach of contract.

What to do when you hire an attorney?

When you hire an attorney, you do so with trust and confidence. Most attorneys are upstanding and do a good job for their clients. Unfortunately, there are also some bad eggs out there. If your attorney has done something wrong, you may want to consider suing a lawyer for malpractice.

What is a breach of contract?

Breach of contract. This occurs when an attorney fails to do something he or she agreed to in your contract, such as filing your deed or patent. If the lawyer promised to do something he or she was contractually obligated to do and didn't do it, you have grounds for breach of contract.

Can an attorney be disbarred?

The attorney could be disbarred or directed to pay you compensation. If you are disputing a fee with your lawyer, the state also likely has a fee dispute committee that can help you obtain an out-of-court resolution. You can hire another attorney to complete or fix your case and obtain the outcome you need.

Can you sue a lawyer for negligence?

To sue lawyer for negligence, you need to be able to prove the attorney didn't use the proper care in your case and missed a deadline, filed the wrong papers, didn't comply with court orders, or made other errors that were not intentional but were sloppy.

How long do you have to file a claim after an accident?

Cities, counties, and other governments are free to set the rules under which they can be held liable for causing injuries or property damage. As a result of that freedom, most municipalities have put strict procedures in place for a claimant to follow before he or she can get compensation for an injury. You usually need to file a claim within a short amount of time after your accident or injury—30 to 180 days in most cases.

Can you sue a government employee for an accident?

From a procedural standpoint, the kind of case you're talking about is not a " lawsuit "—at least, it won't start out as one. You cannot usually just file a lawsuit against a government agency or government employee after an accident, the way you would a private citizen or business.

Do I need a lawyer for an accident?

If you think that a local government entity (or a government employee) is to blame for an accident, you don't need to hire a special kind of lawyer in order to bring a legal claim. You're most likely looking for a personal injury lawyer who represents people who have been injured as a result of someone else's negligence.

3 attorney answers

Depends on what you wish to sue the State for!! Be aware of shorter statutes of limitations and the need for a notice of claim for many State actions.

Eliot M. Wolf

As Mr. Slick and Mr. Wolf indicated, you should seek counsel from some one familiar with bringing law suits against the state, and the type of lawyer depends on the nature of your claim.

What is the last step to take to avoid a lawsuit?

If you have done everything you can to avoid a lawsuit, then your last step is to sue the company. You need to be within the statute of limitations for your state, and you will need the company's legal business name, the name of the owner, and their contact information before you file the lawsuit.

What to think about before sueing a company?

1. Do You Have a Good Case? This may seem obvious, but you need to have a genuine legal claim or " cause of action " in order to have a court support your position .

What is the statute of limitations for a lawsuit?

Laws that place a time limit on bringing a lawsuit are called " statutes of limitations .". You do not need to handle the entire case within the statute of limitations. You will have a certain amount of time to file the lawsuit, and then the lawsuit can take whatever time the state courts determine it needs. 8.

How does a lawsuit affect your life?

A lawsuit may take a lot of time and energy, and can be emotionally draining. Remember that you might find that you have less time and energy to devote to your work, business, family, and social life for the duration of the lawsuit. The case may involve completing demand letters and paperwork, filing at the clerk's office, waiting in court until your turn to speak, and following any of the judge's orders.

What to expect when taking a case to court?

You can expect to gather evidence, have contact information for yourself and the other party, talk clearly in front of a judge or courtroom of people, and follow any court orders. Even if you do not win, taking your case to court means you must follow whatever the court decides.

Why do I get more money than I would get by suing?

From a purely practical point of view, you may receive more money that way than you would by suing, because you will have to pay attorneys' fees and other costs in connection with a lawsuit. 4.

What is a small claims court?

Each state's court system has some variation of " small claims court " or "conciliation" court, which only hears disputes in which a certain dollar amount is at issue (usually $5,000 or less).