I want to understand the procedures taken in a lawsuit?

Question

Regarding accident lawsuit in New Jersey

Answer 1

A civil lawsuit begins with a complaint.

The plaintiff (person harmed) files a complaint, setting forth what happened, how they were harmed, and what remedies they are requesting. They must name the defendant (the person who breached the contract or committed the tort) and explain why they should be liable.

The process of drafting a complaint (also called an initial pleading) can be complex, because if the pleading does not property set forth the elements of your claim, it can be dismissed.

Once the complaint is filed with the court, the defendants get served, so they have notice of the claims against them and an opportunity to respond. This notice and opportunity is called Due Process.

Generally, after the complaint is served, the defendant would file an answer, saying why they are not liable. They may also file a counter-claim back against the plaintiff. Other procedural challenges are also possible.

After that, the suit generally proceeds, through discovery and exchange of evidence, pre-trial conferences, etc. Most cases end up settling before they reach trial.

The details of civil procedure vary depending on whether you are in state or federal court, and on the particular state. The rules of civil procedure can get complex, and many cases are lost on procedural grounds before ever being heard on the merits. That is why lawyers are pretty much necessary for any complex case.

Answer 2

Your question is too general for a thorough answer, however, the most common types of of lawsuits involve 1) tort; 2) personal injury; 3) breach of contract; and 4) small claims. Respectively, "tort" means you have suffered some injury as a result of the act, or failure to act, of another. In short, this involves four factors: duty, breach, causation and harm. Basically, someone owed a duty (responsibility), failed in that duty (breach) and that failure caused harm to the complaining party (plaintiff); in personal injury (usually under the umbrella of tort), the plaintiff suffered some harm as a result of either negligence or actual malice on the part of the defendant; with regard to breach of contract, there existed a contract where there was an offer, acceptance, and consideration (something of value tendered) followed by the failure of one or the other party to fulfill their end of the bargained-for exchange; and small claims generally involve failure to pay for services or goods rendered.

A plaintiff must file a motion with a court of proper jurisdiction, within the proper time frame, stating with particularity the statute violated, the appropriate remedy, and meeting various procedural requirements of the court involved.

Answer 3

well 1st u open u open ur pants and go to the urinals and take a piss than u file a suit agaisnt whoever that u wanna mess wit by getting a dam lawyer it does cost money though