And then you would need to figure out who owns the store. If you slip and fall in a store, you need to find out if the store belongs to a chain (which means you would have to sue the chain) or if it is just that 1 store.
So, in this example, you would file your lawsuit against 2 people, the driver and the owner. For instance, what if the driver of the car does NOT own the car and was just borrowing it? In that case, you would also want to sue the owner of the car, since the car insurance probably would be in the owner’s name. If you get into a car accident you would sue the person who was driving the car that hit you.But, depending on the specific circumstances, it may be more complicated. In some cases, figuring out whom you want to sue can seem straightforward. Make sure you have the person’s correct legal name, and, if he or she uses another name sometimes (called an “alias”), it is a good idea to include the other name too. If you have a family law case for divorce or for parentage (paternity), or you are filing a restraining order, it is pretty easy to figure out whom you want to file your case against. This may seem like a simple issue, but it can be very complicated. When you are thinking of going to court and preparing to file a lawsuit, you need to find out exactly whom you should sue. “Guardian ad litem” means “guardian for the lawsuit.” To get one, you have to fill out a court form, the Application and Order for Appointment of Guardian Ad Litem - Civil ( Form CIV-010) and have the judge sign it allowing the person named on the form to become your “guardian ad litem.” Figuring out whom to sue This is usually a parent or legal guardian. If you are under 18, you need something called a “guardian ad litem” to participate in a lawsuit. People who are judged mentally incompetent because of illness, age, or infirmity.Some people considered to have a “legal disability” are: Someone with a “legal disability” can generally only file lawsuits through a legal representative, like a parent, a guardian, a trustee, or an executor. To be considered legally as a class action, the plaintiffs must convince the court that many people have similar interests in the subject matter of the lawsuit.Ī person must have the “legal capacity” to be a party to a lawsuit. In a class action lawsuit, thousands and even millions of persons can be parties.The government may be treated as if it were a private party in a lawsuit, as a plaintiff or defendant in a civil case.
A landlord can sue a tenant to evict him or her.
In the cases this website deals with, standing to sue is very clear. You cannot just be a person who was standing nearby and sue the person who caused the accident if you did not suffer any damages. In legal terms, this is called having “standing” to file the lawsuit.įor example, in a case for personal injury, you have to be the one to have actually suffered the injury in the accident. To file a lawsuit in court, you have to be someone directly affected by the legal dispute you are suing about. First, you need to figure out whether you have the right to file a lawsuit against the person or business you have a dispute with.