Lawsuit-Spinoff-Please read and help!

BMD'sPeanut Posted: Jan 06, 2005 01:12 PM

Lawsuit-Spinoff-Please read and help!

How does one really go ahead and 'sue' someone for damages, money, etc.?

There are two things in my life that I could potentially sue for (and potentially get something out of) but where do you begin? Do you need a lawyer? Money to invest?

I'm really confused. And I don't know how these things even develop and progress before finally making it to headlines. (I.E. the story about the man sueing Fear Factor)

I have a vague understanding of your regular standard lawsuits (I.E. accidents, malpractice, etc. etc.) but how 'bout all these random incidents????

kpny622 Posted: Jan 06, 2005 01:31 PM

Re: Lawsuit-Spinoff-Please read and help!

you need to hire a lawyer to file a formal claim, which is served upon the person/company you are suing - and it could get expensive

I don't think the newspapers report on lawsuits unless they have to do with the entertainment industry or a big company, and if someone calls to notify them about it

bxgell2 Posted: Jan 06, 2005 02:25 PM

Re: Lawsuit-Spinoff-Please read and help!

You don't necessarily need a lawyer... if your claiming damages for less than a certain amount, you can file in small claims court, without the help of an attorney, which brings your costs down significantly. In PA (where I'm licensed), small claims handles any matter up to $10k, though I'm pretty sure in NY it is significantly less (I think around $3k). If your claiming damages much more than that, you should hire an attorney to file a lawsuit. The process begins when your attorney files a complaint with the court, and serves it against the defendant. Then, usually, the defendant replies, you go through discovery, and if no offer of settlement is made, it goes to trial (very, VERY short version!)