The lawsuit itself is officially started by filing a “complaint” that’s prepared by the plaintiff’s attorney after investigating the facts and researching the law that applies to the case. The complaint will set out the legal grounds for the lawsuit against the defendant and make a request, such as for monetary compensation.  This document, together with a “summons” that orders the defendant to respond to the claim, will be delivered (“served”) to the person being sued. After being served, the defendant’s lawyer must act quickly and within the deadline to respond to the lawsuit and can take different actions depending on the situation.  For example, the defendant can file an answer to the complaint, object to the complaint because it doesn’t state a legal claim, raise defenses, and may even have his or her own claim against the plaintiff.  If so, the defendant’s attorney will file a counter-claim, called a “cross-complaint” in California state courts, to which the plaintiff will have to respond.  If there’s a legal basis for it, one party can also try to get a judgment on the case (or part of it) without a trial, or get the case dismissed. 

The attorneys will also begin “discovery,” which allows more investigation tools to be used so the parties can prepare or defend against the lawsuit.  A few of the most important ways to gather evidence during discovery include interrogatories (written questions prepared by the lawyer that have to be answered under oath), depositions (questions that will be answered orally under oath), and orders for the other party or subpoenaed third parties to produce documents and photos.  Throughout the process, lawyers will meet with the judge for conferences on the status of the lawsuit.  Before the trial is set, the question will come up on whether there will be a jury trial or a bench trial (where a judge will decide your case).  Depending on the lawsuit, you may have a right to a jury as long as a request for a jury is made within the time required, but sometimes the parties may want to waive this right and have the case tried by a judge.  If not, then a jury will be selected.  Then, attorneys for both parties will go through all the typical steps in a trial, i.e. opening statements, examining and cross-examining witnesses and experts, and presenting closing arguments.  During the trial, either side may continue to try to cut the trial short and get a judgment in its favor.  If the trial continues, lawyers will prepare jury instructions for the court’s approval.  Jury instructions explain the laws that jury members must apply to the case (in other words, the specific things that must have been proven), and the judge will read approved instructions to the jury.  After jury deliberations, or after the judge has reached a decision in a bench trial, the verdict will be read.  A party might decide to challenge the judgment with a post trial motion, or by filing an appeal. 

While it’s easy to focus on what lawyers do during a lawsuit, we’ll also advise you on what you can do from the start to help improve your chances of winning.  For instance, it’s key that you tell us not only everything that can help your case, but also anything that has the potential to hurt it.  Also, be careful to provide complete and accurate answers to interrogatories and during depositions, because dishonest answers are usually caught later and can significantly damage your case.  Your credibility and truthfulness will influence the judge or jury’s decision as they weigh the evidence in your case.  In doing our part to maximize the likelihood of success, we’ll identify your goals with you, thoroughly investigate your case, and persuasively negotiate with the other side.  Although we’ll strive for settlement from the outset, we’re fully prepared to litigate your case in court.  If you’re faced with a legal dispute, act quickly so that you don’t lose your right to sue or defend a case because you’ve waited too long.  Reach San Diego Law Firm’s experienced trial lawyers at (619) 794-0243.

First of all, do you have a viable case?  Will the other party have a good defense?  To win a lawsuit, you need to prove that the legal requirements of your claim or claims are met.  That’s why every case must be carefully researched to identify exactly what needs to be proven to establish your legal basis for suing the defendant, and to assess whether you’ll have enough evidence to do so.  As a quick example, consider the basics of a negligence case.  To hold someone responsible for harm caused by his or her carelessness, you must prove that this person owed you a duty to exercise reasonable care, he or she failed to live up to this standard (breach), this conduct was the cause of your harm and was foreseeable, and you suffered actual damages.  To establish each of these general requirements, more detailed rules come into play depending on the facts of your case. 

Your decision to sue also depends on whether you can prove what kind of damages you have and the amounts of those damages.  Based on the facts and what the law allows for, how much will you be likely to hold the defendant responsible for, and is this worth the time and expense you’ll be putting into a case?  Some losses are easier to calculate and prove than others, and it may be necessary to have experts testify about your injury or economic loss.  If you’re not asking the court for money, say you want an injunction, then you’ll evaluate the cost of pursuing the lawsuit compared to the benefit and chances of getting the court order.

Beyond your chances of winning, also think about who you’ll be suing.  If you have a business or personal relationship with the would-be defendant, then consider how serious the harm you’ve suffered is and how your relationship could be affected.  Then you can decide whether the lawsuit is worth filing in light of that risk.  Next, analyze the defendant for a completely different reason: If you win your lawsuit, what’s the likelihood that you’ll get paid?  Some businesses and individuals have substantial assets and money that can be collected against.  On the other hand, you may be stuck with the beloved “judgment proof” defendant who has nothing, and as everyone knows, you can’t get money out of an empty pocket.  If you can’t collect right away, decide whether you’re willing to renew your judgment before it expires, so you can try to recover the rest of the money owed later on. 

With years of experience, we can provide you with the legal advice you’ll need to decide whether to sue.  We’ll also advise you on other options for resolving your dispute, including mediation and arbitration, which can potentially be less costly and quicker than litigation.  Our objective is always to find the best way to advance your individual or business interests, and we’ll evaluate the prospects of resolving your case through these methods or through settlement.  Have your case skillfully handled by San Diego Law Firm’s attorneys by contacting us at (619) 794-0243.

While not all problems can be detected before buying a home, prospective home buyers should take note and hire their own qualified house inspector to help uncover problems that may otherwise go unnoticed.  If you’re thinking about buying a foreclosed home, a HomeInspectorCenter.com blog points out special concerns that you’ll want to address with a professional inspection.

Serious construction defects can have devastating effects on homeowners, financially and emotionally, as well as on commercial property owners.  Our litigation attorneys have invaluable experience in resolving California construction defect cases.  As with any claim, the law applies time constraints to construction defect disputes, so act quickly to protect your investment from being jeopardized.  Reach us at San Diego Law Firm by calling (619) 794-0243.

On that front, a recent blog from The Business Insider notes that the SEC has decided to recommend that Angelo Mozilo, who co-founded home-mortgage lender Countrywide Financial, be charged with civil fraud. Unfortunately, the internet frontier is no different. A Reuter’s article posted by PCMag discusses the “surge” in internet fraud during the recession last year, reporting that losses due to fraud set a record at $264.6 million in the United States. As can be seen, business people and consumers are forced to deal with fraud all too often, and in tough economic times the experience is even more troublesome. San Diego Law Firm has years of experience in handling cases involving fraud, such as securities fraud, business or real estate misrepresentation and fraud, as well as other business disputes. To get help in resolving stressful situations such as these, contact us at San Diego Law Firm, (619) 794-0243.