We file a lawsuit for one of two reasons: we do it for strategic reasons, or we do it
because the law requires it.
There are several strategic reasons for filing a lawsuit:
To get information that we can’t get informally. For example, we may want to
find out why a sponsor withdrew. We may know what they said, but did they tell
the whole story? To find out we will need to look at their records and
correspondence and they usually will not permit us to do that without
subpoenaing them. To subpoena them, we have to file a lawsuit first.
To take the deposition of an important witness. A deposition is a formal written
statement that is taken under oath, in the presence of the parties and their
attorneys. A deposition can be used in court as evidence. No other written
statement can be used in court as evidence. Therefore, if the witness is very
important, we will sometimes file a lawsuit simply so that we can take the
deposition of that witness, and therefore know that the testimony of that witness
can be used later on.
To make the other side take notice. Once there is an attorney on the case, the
other side pays a great deal of attention to the case and the evaluation of the
attorney.
Sometimes we file a lawsuit because the law requires it. Every state has a law that
limits the amount of time in which an injured person can make a claim in court. If
you fail to file in time, you lose your rights completely. This limitation is called
the Statute of Limitations. This limit varies with each state and even within a
state depending on what type of lawsuit might be filed. Therefore, it is essential
that you obtain the advice of a competent attorney regarding your case promptly.
KAUFMAN LAW, A Professional Corporation
11350 Random Hills Rd. Suite 800
Fairfax, VA 22030
703.764.9080
703.764-0014 (fax)