Practice Areas

• Auto Accident
• Business Litigation
• Criminal Defense
• Will Contest

What Is A Lawsuit And How Does It Work?

You have probably heard someone say, “I’m going to sue you,” but what does it really mean to sue someone? What is a lawsuit?

In very general terms, a lawsuit is the way a court resolves a dispute.

Many people have attached a negative connotation to lawsuits. Indeed, frivolous lawsuits do exist. However, lawsuits serve a very important purpose, especially for the parties involved. Imagine that you work construction every day to support your family. Then, one day, a drunk driver hits you. Not only do you have to worry about medical expenses, but what about all of the work you will miss? What if you can never go back to your construction job?

These are worrisome questions. We all hope to never be in such circumstances, but if you wind up in a similar situation, our judicial system provides you with potential remedies.

The first thing you would likely do is consult an attorney to find out if a lawsuit is in your best interest. A good attorney will be able to advise you if you have a good claim to pursue. If you and your attorney agree, you will “sue” the drunk driver for the damage he caused to you and your family. In this case, you would be the “plaintiff”, and the drunk driver would be the “defendant.” We call the money you are seeking to recover “damages”.

You can recover several types of damages. The two most common types are “compensatory damages” and “punitive damages.” Compensatory damages are the money you are trying to recover to compensate for the actual money that is being lost because of the defendant’s actions. In other words, compensatory damages include medical bills, and compensation for missing work. They also include payments for pain and suffering. Punitive damages are awarded to punish the plaintiff and deter others from acting in a similar fashion.

If you and your attorney decide to move forward, you will begin the lawsuit by filing a “Complaint” with a court of proper jurisdiction. A complaint lists out what you are accusing the defendant of. You will state the facts of your case, and ask the court to provide you with relief. The defendant is then put on notice of your case and will provide an “Answer.” In the answer, the defendant will deny or admit the allegations of the complaint. If the dispute isn’t resolved at this point, the long road to trial begins.

We will cover the lengthy process of the trial in a separate article. Suffice it to say that during the trial, both the plaintiff and defendant will present evidence, and make arguments in front of the court. At the end of the trial, the judge, or a jury, will make a decision in either the plaintiff or defendant’s favor.