Lawsuits
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A lawsuit is a civil action brought
before a court in which the party commencing
the action, the plaintiff, seeks a legal
remedy. If the plaintiff is successful,
judgment will be given in the plaintiff's
favour, and a range of court orders may
be issued to enforce a right, impose a penalty,
award damages, impose an injunction to prevent
an act or compel an act, or to obtain a
declaratory judgment to prevent future legal
disputes.
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The lawsuit Plaintiff, or person who has suffered an
emotional, financial, or physical loss, will typically
file what is referred to as a "complaint."
Filing the complaint is synonymous with filing the lawsuit.
By filing the complaint, the Plaintiff begins what is
commonly called the "litigation."
The
lawsuit Defendant files his "answer" in reply
to the allegations in the complaint. Occasionally the
Defendant also files a "counter-claim." The
counter-claim contains allegations from the Defendant
accusing the Plaintiff of some harmful action.
By filing a counter-claim the Defendant is essentially
alleging that the Plaintiff is the one to blame, not
the Defendant.
There are various time limits which come into play
regarding filing and responding to lawsuits, answers,
counter-claims, and other court filings. Perhaps most
importantly from the lawsuit Plaintiff''s perspective
is the statute of limitations. The statute of limitations
varies from state to state and requires the Plaintiff
to sue the Defendant within a certain amount of time.
If the lawsuit Plaintiff misses the deadline imposed
by the statute of limitations, the Plaintiff''s suit
will be forever barred and the lawsuit Defendant will
never be held accountable.
Settleing A Lawsuit
In many cases it may be advisable to settle the lawsuit
before it goes to trial. While some victims are against
considering a settlement offer from the Defendant, refusal
to do so may cost you in time and the possibility of
losing the lawsuit at trial
and receiving zero compensation.
Listen to your lawyer''s advice regarding settlement.
Your lawyer is trained and experienced in dealing with
sttlements. You should use this knowledge and consider
the attorney's recommendation. Remember, the final decision
is the lawsuit plaintiff's to make, and any lawyer should
respect this choice and work just as hard as before
to see the lawsuit through to the best conclusion.
Important pointers to remember when considering a lawsuit
settlement offer from a defendant:
1. Lawsuit negotiations can begin as early as the filing
of the case and may not finish until minutes before
the start of trial.
2. Negotiating a lawsuit settlement is not always easy,
therefore it is important that emotions are kept under
control when dealing with the lawsuit defendant and
legal team.
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