We are living at a time when anyone can sue anyone else for anything. The notion expressed here may not be of ruthless, unlawful claims but to the contrary, it could be one if the end does not justify the means. In order to be claiming for just reasons, ensure whether the following elements are present in your claim.
- Know what a small claim is and if yours fall under the category, sue for the small amount which is well within the ceiling for small claim. It is suggested that you check with your state laws on this as the cause varies from state to state as you will be representing yourself without an attorney.
- The claims usually addressed by small claims courts involve filling out forms and paying relevant fees. Here the case is represented without an attorney and hence does not involve attorney fees.
- If you find that you are not in a position to defend yourself, you may appoint a small claims attorney to defend you or approach a free legal services body.
- Collect all relevant data that justify your claim including proof that the financial loss you have suffered on the premise of the damage or inconvenience caused to you by the defendant. When a claim is against anyone for anything, you may include all financial losses and punitive damages. But before suing for punitive damages, know what is punitive damages.
- Let the claim include compensatory damages and damages for pain and suffering. Make your claim appear big, for you are the one to judge what loss you have had to suffer.
- Include the element of negligence- the boon in disguise to claimants of damages. Demonstrate that the action of the defendant was nothing short of sheer negligence besides being intentional. This way you get damages and he, a few good lessons! This is not very easy to prove though as there are many
- If your cause is not substantiated suitably by evidence or argument, the court may find the cause of action unfit for a claim and may summarily reject same in which case you must be prepared to pay for your cost as well as your opponent’s. Your suit may be found frivolous and for wrongful gains. The court may condemn you for wasting the time of the court and the other party.
Courts work on the basis of evidence provided and proved. Making up evidence is tantamount to a criminal act. So, stay within the facts to be safe.Google+