How To Properly Prepare & File A Lawsuit
The world is full of uncertainty and disagreements, which can sometimes lead to court appearances, as everyone has the right to file a lawsuit if they feel they have just cause to do so. It might be in order to protect your business reputation, or you might be demanding long overdue payment from a customer; there are many reasons why a person (or company) decides to take legal action and in this article, we aim to explain how the process works when filing and preparing for a lawsuit.
- Make A Decision – The lawyer would be very experienced with civil litigation and would be honest with you regarding your chances of a successful outcome. There are many types of civil litigation – defamation, trade disputes, fraud, personal injury, employment issues and intellectual property rights, to name but a few. Basically, you should follow the advice of the legal counsel. Even if you have a strong case, there may not be sufficient evidence to proceed with a lawsuit and the lawyer might advise you to seek further evidence. Some lawyers work on a ‘no win-no fee’ basis, which eliminates the risk of losing and having to pay huge legal costs.
- Serving The Defendant – You must serve the defendant a copy of the lawsuit when it has been filed with the court of litigation, thus giving them an opportunity to respond, which could include a counter lawsuit. This would be something your lawyer would handle and once the papers have been served, you and your lawyer can set about preparing your case.
- Gathering Evidence – As with any court case, you do need to put forward a compelling case and this is where an experienced litigation lawyer comes into play. Documents, email, webchat, SMS, images and video are all able to be included as evidence, as are witness statements and testimony.
- Out Of Court Settlements – More often than not, a lawsuit is settled out of court, with both parties coming to an agreement, which saves the court time and keeps costs down. It is during such negotiations that your lawyer’s skills are put to the test, as he or she does their best to achieve a successful outcome.
- Always Seek Out An Experienced Litigation Law Firm – Of course, if for example you have one of the best Thailand litigation law firm in your corner, you have maximised your chances of a successful outcome. You have to find an established litigation lawyer in your location and explain the circumstances and why you wish to file a lawsuit. Everything must be done by the book so to speak and the lawyer will ensure that all procedures are followed, plus he or she would offer you the best advice at all times.
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When filing a lawsuit, it is imperative that you have a good litigation law firm handling the matter and hopefully, the outcome will be favourable and you can get on with your life.