How to Sue for Abuse
- 1). Meet the legal requirements for the tort of battery. A tort differs from a crime in that it is a civil wrong and actionable only in a civil lawsuit. The tort of battery requires an intentional harmful or offensive touching by the defendant that invades the plaintiff's right to bodily integrity. There is no requirement that the plaintiff is actually injured or sustains bodily harm.
- 2). Draft a civil petition naming the defendant as the party liable for battery and clearly label the petition with the court within which the complaint will be filed as well . The first section of the complaint should set forth the facts of the case including specific dates and instances of abuse. The second section should articulate the state law applicable to the cause of action including the relevant battery statute and any helpful cases that may be factually similar to the plaintiff's case. The third section should state that the plaintiff's facts align with the legal definition of battery and plaintiff should prevail.
- 3). Submit the petition to the district courthouse in the jurisdiction where you would like to sue. This can be the county or district where the plaintiff or defendant resides or it can also be in the jurisdiction where the abuse took place. The clerk will review the complaint and ensure it is signed by the plaintiff. Once the complaint is approved, it will be dated and stamped as received.
- 4). Arrange for service of process upon all parties to the lawsuit. The process server must hand the complaint to the defendant personally or leave it with a competent adult at the defendant's primary dwelling. Once service is effectuated, the defendant or his agent must sign a certificate of service indicating he received the documents and is on notice of the pending lawsuit against him.
- 5). Prepare for a trial after all parties have been served in the battery action. This is known as the discovery phase and it involves both sides trading evidence back and forth that they plan to use in the upcoming trial. Virtually all material evidence is discoverable except for any documents that may be protected by the attorney-client privilege.
- 6). Participate in the trial or settlement. A settlement is a mutual agreement between the plaintiff and defendant that the defendant will pay the plaintiff a sum of money if the civil action will not go forward to a trial. However, many cases do not settle and go to trial as a result of failed negotiations or a hard line desire by one or both parties not to settle the case.