What kind of lawyer do I need if I want to sue someone?

Asked by: Prof. Luz Keeling Sr.  |  Last update: March 29, 2025
Score: 5/5 (30 votes)

Civil litigation lawyers often go to court to represent their clients, including for personal injury claims, contract disputes, and other common civil matters. Likewise, criminal defense attorneys frequently defend their clients in court.

What are the 5 steps to initiate a lawsuit?

Timeline of How to File a Lawsuit
  • Step 1: File a Complaint. Plaintiff files a complaint and summons with the local county court. ...
  • Step 2: Answer Complaint. ...
  • Step 3: Discovery. ...
  • Step 4: Failing to Respond to Discovery. ...
  • Step 5: Conclusion of Lawsuit.

Is it worth suing someone?

You need to answer three fundamental -- and fairly obvious -- questions as part of deciding whether it's worthwhile to bring a lawsuit to court: Do I have a good case? Am I comfortable with the idea of a compromise settlement or going to mediation? Assuming a lawsuit is my best or only option, can I collect if I win?

How much does a lawyer cost to sue someone?

Hourly basis: A lawyer who works with you on an hourly basis will charge you for each hour of the time they give you. Hourly rates will vary depending on the layer and your case but can range anywhere from $199 to $295 per hour.

How do I determine what type of lawyer I need?

Should you be seeking legal advice or representation, bear in mind that some lawyers specialize in more than one practice area. Try to find an attorney that specializes in the area you need advice in, as they will have the tailored knowledge and skills to help you with your case.

HOW TO SUE A COMPANY OR AN INDIVIDUAL? Watch this before you file a lawsuit.⚖️

41 related questions found

What kind of lawyer do I need if someone owes me money?

You may want to get legal advice from an attorney with experience in collections matters. They may be able to help you decide if you have a civil case worth pursuing.

Do you need money to sue someone?

Contingency fee agreements are quite common in injury-related cases if a plaintiff has suffered physical or emotional harm. Contingency means that your lawyer will agree to take on your case and represent you without requiring any payment upfront, allowing you to file a case with no money.

Is it worth suing for defamation?

The answer is, yes, it is worth suing for defamation. When a true case of defamation exists, there are damages that are caused as a result. Those damages are compensable through a civil lawsuit, in California and beyond.

Is it a good idea to sue a lawyer?

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 if the person you sue has no money?

The California statute of limitations for filing a judgment is ten years. If the debtor cannot pay or complete payment within this time, you must renew the judgment. The judgment must continue to be renewed to ensure the debtor pays the full amount.

What are the downsides of suing?

Upfront Costs and Expenses

Though we work on contingency, lawsuits have unavoidable costs – case expenses, legal fees if resolution fails, and the risk of paying defense fees in some instances. While unavoidable, expenses may be recovered upon a successful outcome, but they represent a financial risk.

Can you tell someone you're suing them?

After you file your lawsuit, you have to let the defendant know that you are suing them. Usually, the defendant knows about the case a long time before it starts. Hopefully you talked to the defendant and tried to settle the case before you filed.

How long does it take for a lawyer to file a lawsuit?

It typically takes anywhere from 1 week to 1 year for your lawyer to draft a complaint and serve the defendant. Here are some factors that may impact how long it takes to draft a complaint and serve the defendant: The complexity of the case, including the number of defendants.

What is needed to win a lawsuit?

To win a civil litigation case, a burden of proof must be met. Working with an attorney, you would have to present enough evidence to prove you are telling the truth and are entitled to legal remedy by means of compensation or action being taken. This could come in a variety of ways.

How do you start a lawsuit letter?

Frequently Asked Questions (FAQ)
  1. Type your letter. ...
  2. Concisely review the main facts. ...
  3. Be polite. ...
  4. Write with your goal in mind. ...
  5. Ask for exactly what you want. ...
  6. Set a deadline. ...
  7. End the letter by stating you will promptly pursue legal remedies if the other party does not meet your demand.
  8. Make and keep copies.

What proof do you need for slander?

To prove prima facie defamation, a plaintiff must show four things: 1) a false statement purporting to be fact; 2) publication or communication of that statement to a third person; 3) fault amounting to at least negligence ; and 4) damages , or some harm caused to the reputation of the person or entity who is the ...

How does suing for emotional distress work?

In an emotional distress claim, proving that the defendant acted with intent is key. This means showing that they knew or should have known their actions would cause serious distress. Your lawyer will start by gathering evidence such as emails or text messages, which can be crucial in establishing this intentionality.

How much does a defamation lawyer cost?

The average cost of a defamation lawsuit at Minc Law typically ranges from $15,000 to $25,000. Some defamation lawsuits are resolved for less, while others may be more costly, depending on the unique facts of each situation.

Who pays when you sue?

While the lawsuit has to be in the name of the individual wrongdoer, this is a legal formality only. And, the individuals are not the ones paying for your injuries or damages. So now you know. In almost every case we handle, the insurance company, and not the individual wrongdoer, pays all of the damages.

What happens if someone sues you and you have nothing?

The plaintiff might attempt wage garnishment or bank account levies. Some defendants might be considered “judgment proof” if they have no assets. Possible Outcomes and Future Collection: Judgments remain active for several years and could be renewed.

How much does it cost to file a lawsuit?

The Average Cost of a Lawsuit

On average, a lawsuit costs approximately $10,000 for a simple suit. However, numerous factors can influence the cost of your lawsuit.

What happens if you sue someone with no money?

If the court finds the defendant responsible, they are legally required to compensate you, even if they currently lack the funds. Winning the lawsuit means the defendant owes you the amount decided by the court, which you can pursue through various legal avenues.

Can you go to the police if someone owes you money?

It is a civil matter, not criminal, so the police are not going to get involved. You have to sue and go after her and get a judgment. If she does not pay, you can then enforce it and go after money or assets. Lawyer: Alex, Esq.

Should I settle or go to court?

In a trial, you must accept the decision of the judge or jury. On the other hand, settling could put you at a disadvantage. Accepting a settlement may result in you receiving less money than you would if you went to court. Your lawyer will assist you in determining if going to trial is worth the extra time and money.