Can You Sue Anyone for Anything?
While it is certainly true that people can file a lawsuit for almost anything, you must understand that this means almost nothing.
Filing a lawsuit simply means that an individual (or his/her lawyer) sent the court what amounts to a formalized letter of intent. There is a process involved in bringing a lawsuit, and there is no guarantee a lawsuit filed will ever make it to trial; in fact, 95% never do.
The Filing Process
If you or a loved one has been injured because of the negligence of another person, filing a lawsuit is often the only recourse you have for receiving compensation for those injuries. Hiring a personal injury lawyer will increase an individual’s chance for winning, but it still does not guarantee success. There are various requirements involved when bringing a lawsuit, and these change depending on the type of case, the type of defendant, etc.
Filing a lawsuit in no way guarantees the plaintiff will win the case, and the court can choose to dismiss the case for a variety of reasons such as failing to serve notice to the defendant in a timely manner, failing to respond to motions, and filing the lawsuit in the wrong court (just to name a few). The defendant can even attempt to have the lawsuit dismissed (quashed) by filing a motion for summary judgement.
No one should think of a lawsuit as a windfall or “free money” as the purpose of a lawsuit is to recover any damages they have already incurred (and those they might incur in the future) as the result of the defendant’s actions. In most cases, filing a lawsuit is the last resort the plaintiff uses in an effort to recover damages or losses that resulted from the defendant’s actions or negligence.
Filing a Case in Small Claims Court
If the amount involved in a lawsuit is not substantial, an individual can file a lawsuit in small claims court (now referred to as “Justice Court” in Texas).
This is often quicker and rather inexpensive compared to filing a normal lawsuit, and the plaintiff (victim) usually does not even need a lawyer. Each state sets the limits that are allowed in small claims court, but they usually average between $2,500 and $25,000 ($10,000 in Texas). The cost of filing can average between $60 and $200 depending on the state in which you live. For those who are on a limited income, the court may approve a waiver of the filing fees.
Category: Legal Briefs
