How might I file an action for the tort of negligent supervision?

Question

Do I need to contact a lawyer to do this or can I walk into a courthouse and do this on my own? Do I go to a civil court? Any and all suggestions is needed.

Answer 1

In most states, you are allowed to file and represent yourself, but even so the process can be complicated. So, the very fact that you are asking this question indicates that you will probably need a lawyer.

The court that you need to go to depends on the laws where you are filing. If you have access to one, a law library will provide all of the procedures and info that you need. Using the library can be intimidating, but usually there is a clerk or librarian who can be very helpful.

You may just try going to the courthouse and asking them. But the clerks need to be very careful in telling you how to do things - it could be construed (by your opposition) as advice, which would be grounds for a mistrial.  

Answer 2

Hello,

In most states if you are looking for damages under a certain amount (in New York $5,000), you can file in Small Claims Court. The fee is usually nominal (i.e. $10-15 in New York State, depending on the amount). If filing in Small Claims court, the court clerk can provide you the needed paperwork and instructions. If you are filing against a business or for an amount greater than that allowable in Small Claims you will have to file in your county Supreme or Superior Court. The fee for this is generally higher, (in New York, you pay an 'Index Fee' of $210). In general you will need to draft a 'Summons' and 'Complaint'. The 'Summons' demands the Defendant to answer your 'Complaint' which is served in tandem. The Complaint specifies the facts and your allegations along with the applicable law. The process of 'Serving' the ‘Summons’ and ‘Complaint’ also varies from state to state but generally you are required to have a third-party serve the papers or send then via USPS Certified Mail-Return Receipt requested.

Additionally, in New York and most other states you can represent yourself (called Pro Se) in either court, although Small Claims Court is much less formal.

Answer 3

You're able to file on your own in ANY civil matter and, yes, it would be a civil matter.  The first thing you must prepare is the "Complaint" and this must conform to your state and federal laws.  Negligent supervision is an especially complicated area.  If it's against an employer, chances are an insurance company and their lawyers will get involved and they will "eat you up" and the quickest way they will do this is by having the Complaint immediately dismissed perhaps because the margins of the paper were too big (an exaggeration but not by much).  There's a saying along the lines of "someone who decides to represent themselves has a fool for a client."  Talk to a lawyer.  If the case is worth it, a lawyer may take it on a contingency basis.

Answer 4

Depends on the amount of your provable and compensable damages.

If it's less than the small claims limit in your unknown State then you can sue there without needing a lawyer.

While a lawyer is not "required" in regular court, it's advisable to hire one.

Richard