14 July 2021
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Suing
is no foreign concept and the phrase ”I will sue you” is just as loosely and
freely used in our communities. However, there is a lot of misinformation that
comes with this in regards to what ”suing” actually means, i.e the matters that fit the definition, the parties
that can sue, the procedure thereof as well as the alternative measures at the
disposal of a distressed party. Often times, this lack of information results in
misinformed decisions which result in financial strain as well as wasted time
and effort.
Anyone
can institute a lawsuit against another individual as well as business entities or organisations. There is more than just one reason why an individual
would want to “sue” or legally put, to institute a civil lawsuit against another
person. The most common reason people threaten to sue in our day and age has to be defamation,
money owed and damage to property. These type of civil matters in essence
comprises of one party claiming that himself as an individual or a business has suffered an
injury at the hands of another person (intentionally and/or negligently) and prays
for compensation for the damage suffered.
Proving
a civil case in most cases is not as complex as one might think, in small matters,
an individual may take up their case with the small claims court for relief
without any involvement of a legal representative. However the more money is
involved and the more complex the matter, it is advisable to get services of an
attorney with experience in the type of law relating to your case for guidance
throughout the process.
Most
civil cases will be settled out of court while some will go to court.in court,
the facts of the case will be of utmost importance as they will determine the
accuracy and how convincing the evidence presented by each party is in order to
assist the court to reach a verdict as well as determine the amount of money to
be paid to the plaintiff.
With
all that being said, it’s important to remember that you may sue anyone but
it is important to remember the above mentioned as well as the type of evidence you intend to rely upon. Civil cases are very broad. The first thought before you can sue in addition to the abovementioned
is that; every case is different and the outcome of your case will be
determined by the facts and evidence you present . In more complex cases, valuable and precise evidence
is your best bet.