It's unfortunate.  It couldn't be avoided.  There's just simply nothing else you can do.  You may need to Sue someone.  This is a situation most of us dread but will probably find ourselves in at least once in our lives.  We have tips, along with other important information that may help you deal with this very challenging situation.  We can answer questions like, Should I sue?  How can I sue?  Do I need to find a lawyer?  What kind of laws apply if any?  If I am going to sue, how do I begin the process?  We have some helpful information below. 

According to William T. Reid IV, Esq. of Diamond McCarthy LLP, litigation is the process of people and/or companies settling a dispute and receiving compensation for damages or losses incurred. This process otherwise known as a "lawsuit" can be done in court or outside of court depending on the circumstances.

Litigation starts with filing a complaint with the courts. This complaint is what starts the process, and in the complaint there is a statement that describes the basis of the claim, evidence to support this claim, and what the person/company expects to be compensated. Now since there are two sides to every story the person/company whom the complaint is against may file what is called a cross-complaint, which is just their version of the circumstances.

In litigation there is the plaintiff and the defendant. The plaintiff is the person or company that files the complaint. The defendant is the person or company that the complaint is made against. If there are multiple plaintiffs or defendants then they are called parties.

Once a complaint is filed the defendant has 30 days to respond. If the defendant for some reason does not respond, you can ask the court to listen to your case without the defendant present and make a ruling. If the ruling is in your favor than you can be compensated without the defendant ever being there.

While litigation can be a complex process, not all cases go to court. If both parties are willing an agreement can be made outside of the courts by using what is called a mediator. This person is neutral to the case and helps both parties see the strengths and weaknesses of their case in hopes of coming to a settlement.

If you have questions about litigation, it may be helpful to contact a lawyer in your area to answer questions and walk you through the process.