How To Sue Someone: The Steps Involved
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How To Sue Someone: The Steps Involved
Getting hurt because of someone else’s carelessness can turn your life upside down. When the person responsible won’t take accountability, it’s natural to wonder what options you have.
Filing a lawsuit is one way to hold someone accountable for an accident they caused and to ask the court for fair compensation or other relief. This guide explains how to sue someone in Arizona, how long the process can take and how much suing costs so that you can make informed decisions with confidence.
How Do You Sue Someone?
When you decide to file a lawsuit, you’re entering a structured legal process governed by the Arizona Rules of Civil Procedure. Although every case is unique, most civil lawsuits in Arizona move through a similar series of steps.
Determine the Type of Case
The first step in any lawsuit is determining what type of claim you have. This helps you understand which laws apply, which court has jurisdiction and what kind of compensation you may be entitled to seek.
Personal injury claims arise when someone suffers physical or emotional harm because of another person’s negligence. For example, you might want to sue after a car accident, slip and fall or medical malpractice case.
Other civil claims may involve different types of disputes, such as breach of contract, property damage, landlord-tenant issues or employment-related claims like wrongful termination or unpaid wages.
Statute of Limitations
Determining the right type of case is also important because you need to know how long you have to sue someone. Arizona’s statute of limitations sets firm deadlines for filing a lawsuit. Missing this deadline usually means losing your right to pursue the claim in court. For example, you generally have two years from the date of the injury (or death) to file personal injury and wrongful death cases.
However, certain claims, such as those against a government entity, may have much shorter deadlines, so you must act quickly or consult an attorney as soon as possible to protect your rights.
Small Claims Court
If you’re seeking less than $5,000 in damages, you can file in small claims court, which is designed to resolve disputes quickly and inexpensively. You typically don’t need a lawyer for these cases. However, it’s still a good idea to get direction from an attorney before filing to make sure you’re pursuing your claim in the right court and protecting your rights. With small claims cases, you also give up the right to a jury trial and appeal.
Justice Court and Superior Court Cases
Claims for more than $5,000 go to the justice court or superior court, depending on the amount involved. These courts handle more complex cases with larger potential recoveries and follow stricter procedural and evidentiary rules than the small claims court.
Filing in the correct court ensures the right judge will hear your case and that you don’t risk delays or dismissal over jurisdictional issues.
Consult a Lawyer
Meeting with an experienced attorney is often the best way to evaluate your claim. A consultation allows a lawyer to review the facts, assess the strengths and weaknesses of your case and estimate potential damages.
Even though you’re allowed to represent yourself (“pro se”) in civil court, you must follow the same rules that apply to lawyers. Because suing someone can be complex and time-consuming, having a lawyer guide you through the process often increases your chances of reaching a fair and efficient outcome.
Send a Demand Letter
Many attorneys send a demand letter before filing suit to try to resolve the dispute without going to court. They will send the letter to the person, business or insurance company responsible for your damages and outline what happened. The letter will also explain the losses you’ve suffered and the amount of compensation you’re seeking. A well-drafted demand letter can open the door to settlement negotiations and sometimes resolve the matter entirely.
File a Complaint
A lawsuit officially begins when you file a complaint with the clerk of the appropriate court. The complaint is the document that formally starts your case and notifies the court—and eventually the defendant (the person or entity you’re suing)—of your legal claims.
The complaint names the defendant, lays out the facts of what happened, identifies the legal grounds for your claim and states the compensation you’re asking for. In many cases, the complaint also includes a request for a jury trial if you want your case decided by a jury rather than a judge.
Pay a Filing Fee
When you submit your complaint, the court charges a filing fee to open the case and assign it a case number. These fees vary by court and type of claim. For example, in Maricopa County, the fee for a regular civil case is about $114, while small claims filings cost around $58; fees in justice courts across Arizona are slightly lower.
If paying the fee would cause financial hardship, you can apply for a fee deferral (which postpones payment) or a fee waiver (which eliminates it entirely). Many courts also provide payment plans to make the process more accessible.
Serve the Complaint
After filing the lawsuit, you must serve the complaint and a summons on the defendant. Service is the formal way of notifying the person or entity you’re suing that you filed a lawsuit against them.
You must serve the complaint through a process server, sheriff’s deputy, certified mail or another method allowed by law. The rules for service are strict, and the court will not move forward until there’s proof that the defendant received proper notice. After completing service, the process server or sheriff files an affidavit of service with the court showing when and how the defendant was notified.
Proper service starts the clock for the defendant’s response. In Arizona, a defendant generally has 20 days to file an answer if served within the state, or 30 days if served outside Arizona. If the defendant fails to respond within the required time, the court may enter a default judgment, meaning the judge can decide the case in your favor without a hearing or trial.
Exchange Information Through Discovery
Once you file the initial court documents, both sides begin a formal exchange of information and evidence known as discovery.
At the start of discovery, both sides must provide initial disclosures, including lists of potential witnesses, relevant documents, damage calculations and any applicable insurance information. Attorneys may then use formal discovery tools, including:
- Interrogatories: Written questions answered under oath
- Requests for Production: Demands for documents or records
- Depositions: Sworn testimony taken before trial
Discovery allows each side to investigate the strengths and weaknesses of the case, which often leads to settlement discussions or mediation. It can be one of the most time-consuming stages of suing someone and typically lasts six to 12 months.
Ask the Court To Decide Issues Through Motions
During or after discovery, either party may file motions, which are formal requests asking the judge to make specific rulings before trial. Motions can address a wide range of issues. Common examples include:
- Motion to Dismiss: Arguing that the case should be dismissed due to procedural or legal defects.
- Motion to Compel: Asking the court to order the other party to provide withheld discovery materials.
- Motion for Summary Judgment: Asserting that there are no genuine disputes of material fact and that one side is entitled to judgment as a matter of law.
Each motion must be supported by legal arguments and evidence, often in the form of written briefs. In some cases, a successful motion can end the case entirely without going to trial.
Settle the Case Before Trial
Most civil lawsuits never reach trial. Instead, the parties often resolve the dispute through a settlement, which is a negotiated agreement that ends the case without a court verdict.
Settlement Negotiations
During settlement negotiations, the parties exchange proposals for resolving the dispute, usually involving a payment of money by the defendant (or their insurance company) in exchange for the plaintiff agreeing to dismiss the lawsuit and release any further claims.
Mediation
A mediation is a confidential meeting facilitated by a neutral third party, the mediator, who helps both sides communicate, evaluate the risks of trial and work toward a compromise. Mediators do not decide who is right or wrong; instead, they guide the discussion and help the parties find common ground. Many Arizona courts encourage or require mediation before a case proceeds to trial, especially in civil and personal injury matters.
Terms of Settlement
If the parties reach an agreement, the terms are put in writing and signed by both sides. The plaintiff then files a stipulation to dismiss or notice of settlement with the court, ending the case. Once payment is made and all conditions are met, the court formally closes the matter.
Once a settlement is signed, the plaintiff typically cannot reopen the case, even if new evidence emerges. For that reason, you should consult an experienced attorney before accepting a settlement offer to ensure that the terms are fair and fully account for your losses.
Go To Trial
If the case does not settle or end through motions, it proceeds to trial. Before the trial begins, both sides complete pretrial preparation, which includes finalizing witness and exhibit lists, filing pretrial statements and attending conferences with the judge to narrow the issues.
Trials may be heard by a judge (a bench trial) or by a jury. Both sides present opening statements, call witnesses, introduce evidence and make closing arguments. The judge or jury then delivers a verdict determining liability and, if applicable, the amount of damages.
Trials can last anywhere from a single day to several weeks, depending on the number of witnesses and how complex the case is. After judgment, either party may file post-trial motions or appeal the decision to a higher court if they believe legal errors affected the outcome.
Do You Need a Lawyer To Sue Someone?
You aren’t required to have a lawyer to sue someone, but legal representation is almost always beneficial. While small-claims cases are designed for self-representation, more complex cases, especially personal injury claims, can be difficult to manage alone. An experienced attorney can help protect your rights and strengthen your case.
How Can You Sue Someone When You Can’t Afford a Lawyer?
Limited finances do not necessarily prevent you from pursuing a strong legal claim or working with a lawyer. There are several options for you if you cannot afford to pay legal fees up front:
- Use a Contingency Fee Agreement: You don’t pay your attorney up front; they receive a percentage of your recovery only if you win.
- Ask About Pro Bono Services: Some attorneys and Arizona legal aid organizations offer free or low-cost help for those with limited income.
- Consult a Litigation Finance Company: Third-party funders may pay litigation expenses in exchange for a share of any recovery if you win.
Because litigation finance is largely unregulated and may require collateral, you should discuss the terms carefully with your attorney before proceeding.
Is It Worth Suing Someone If They Don’t Have Money?
You can still sue someone with no money, but recovering compensation may take time. If the person you are suing has insurance, the insurer will usually pay up to the policy limits. If they don’t, the judgment may allow repayment through wage garnishment, bank levies or the sale of non-essential property. In some cases, the court may set up a payment plan so the defendant can pay over time.
Your attorney can help you explore options such as mediation, settlement negotiation or relying on your own insurance to cover some of your losses.
When You Need To Sue Someone, You Deserve Legal Support
Learning how to sue someone can feel like an uphill battle when you’re already coping with the physical, emotional and financial toll of an injury. Having a knowledgeable advocate by your side can make all the difference in protecting your rights and securing the compensation you deserve.
At Sargon Law Group, we’ve helped countless people recover fair settlements and rebuild their lives after serious accidents. Set up a free consultation with one of our trusted personal injury attorneys today. We’ll review your case, explain your options and handle the legal process so you can focus on healing.