Back in the olden days, if two people had a dispute they would settle it in any number of ways, many of which involved fighting. Those that didn’t usually amounted to what we call “self help,” such as breaking into another person’s home to take back money or property that belonged to you. Generally, such self-help and “trial by combat” approaches to settling disputes are now illegal. In their place, what we have is a civil justice system centered around our courts.

A lawsuit is, put simply, a claim made within the civil justice system asserting some kind of right and asking for some kind of relief. The rights involved generally arise from one of two sources: A contract (and the breach of that contract) or a tort. A tort is a civil wrong similar to a crime, but where a crime is treated as an offense against society as a whole and subjects the perpetrator to criminal penalties such as fines and jail time, a tort is an offense against an individual and gives rise to a claim for damages by that individual.

Commencing a lawsuit typically involves filing papers, in the appropriate form, with the appropriate court, along with any required fees, and then having those papers served on the opposing party, called the defendant. A lot of rules apply to both of these processes, and those rules are beyond the scope of this FAQ, but you need to be aware of them. Some rules create prerequisites to filing, which you have to meet before you are allowed to bring a claim; others prescribe the place where the suit must be filed, information your complaint has to contain, and deadlines that apply to bringing different types of lawsuits.

If you have more questions or are considering filing a lawsuit (or somebody has filed one against you), please seek out an attorney who understands the rules and can explain how they apply to your case. We would be happy to talk with you, so feel free to give us a call or set up an appointment.