A lawsuit is a legal proceeding in which a plaintiff seeks a specific remedy from a defendant. The complaint outlines the basis for the lawsuit and the plaintiff’s desired relief. The plaintiff may seek money or some other “equitable remedy” from the defendant. The complaint is one of several documents filed by the plaintiff and defendant. The defendant’s response to the complaint is known as an “answer,” and it explains why the suit should fail.
The first step is to identify the “actual legal entity” to be sued. If the other person owns a car, it is the owner’s liability. The owner may also be liable for damages caused by the other driver. To determine who to sue, the driver’s insurance policy must be in the name of the owner. If the driver is not the owner, a lawsuit against him may be appropriate. The plaintiff will need to pay the costs of obtaining insurance.
Next, the plaintiff must gather evidence to support her claims at trial. This is the most challenging aspect of a lawsuit, because a defendant may conclude that the plaintiff’s claims lack merit. The plaintiff must remain persistent in gathering evidence to support her claims and survive the defendant’s pre-trial motions. The defendant will generally prefer to settle the lawsuit rather than risk a long and costly trial. A lawsuit involving a breach of contract is a complicated process, but it is worth the effort.