Do You Have A Case? Important Things To Consider Before Filing A Lawsuit
If you’re involved in any kind of dispute, one of the biggest mistakes that you can make is to rush into things without thinking. Choosing to file a lawsuit against someone is a pretty significant decision and not one that should be taken lightly. If you choose to go ahead with it, then there could well end up being a whole lot of time, energy, and money that you need to spend dealing with it. It can have a serious impact on, not just your life, but the lives of those around you. That’s not something you want to subject anyone to without being absolutely sure that you have the best possible reason for doing so. Often people will think that a lawsuit is the right option but then will take some time to let the emotions that they’re feeling fade a little and decide that there were, in fact, other ways to deal with it. Of course, there’s always the chance that taking the time to think it over will only strengthen your resolve. To help you figure out if a lawsuit is actually something you want to move forward with, here are a few important things that you should think about first.
Do you actually have a case?
This might sound completely obvious but it’s remarkable just how often this is forgotten when people decide to take something to court. You need to have a genuine legal claim to backup your lawsuit and back up your position. If you’re suing someone because of a car accident, then you need clear proof and evidence that the accident was, in fact, their fault. The same goes for people who tripped and fell at work. If you want to make a case against your employer, then you need to be able to provide the court with evident that the fall was due to negligence on their part. A lot of the time there are cases which are immediately dismissed simply because there is no decent evidence to back up the claim that is being made.
Can it be solved out of court?
Nine times out of ten, if someone has done wrong, and they know that they are at fault, they will be willing to do what they can to make it right. Before taking things to court, it’s a good idea to actually communicate with the person that you have a case against to try and resolve things without any further litigation. It’s also worth attempting to compromise with them. Do what you can to consider the opposite perspective of the case. Does the person you’re claiming against have any valid points and perhaps even ground for a case against you? If that is the case then that’s something you’re going to need to think about when making your own case. You should also be aware of exactly what means the person that you’re suing has. If you’re suing for an amount far higher than they could ever pay, or one that would result in serious financial hardships for them, it might be worthwhile making at least a small compromise in terms of the amount that you’re suing for. Communicating with the person that you’re suing is never really an easy thing to do so having a mediator present is a fantastic way to keep communication intelligent, civil and on topic at all times. The last thing that you want is for emotions to get in the way and for any communication to turn into a mutual mudslinging match.
Can you hire a lawyer?
There are a few barriers to being able to hire a lawyer to handle your lawsuit. One is simply a matter of money. Fighting a legal case can be expensive and, in the event that the case doesn’t go your way, you could end up in a position where you can’t afford to pay your legal fees. Make sure to get an estimate from your lawyer before making any decisions. That way you can weigh up the cost of the lawsuit against the reward. The lawyer will often advise you and may say that it’s cheaper overall to settle out of court. There’s also the matter of, even if you can afford them, finding a lawyer who is happy to take on your case. Different law firms have different standards of cases that they take on, and it’s worth remembering that some of the more selective law firms are that way for a reason. Often a selective law firm is one that only takes on cases that they are confident in. Whereas firms that take on any case may have far lower standards and potentially be less reliable in court. Likewise, you need to be sure you’re actually hiring the right kind of firm to handle your specific case in the first place. A law firm like Robins Cloud has info about the kinds of cases that they usually take on which can help you figure out if they are the right lawyer to take on your case.
Can you actually commit to a lawsuit?
Before going in, you might not realize just how much time, and effort goes into a lawsuit. You need to be prepared for the fact that this could end up taking incredibly large amounts of your time. Between preparation and days in court, this could make it difficult to find time for work, friends or family. It can also be a genuinely draining experience on both a physical and emotional level. It can have an impact on your personal relationships, your work, and just about every other aspect of your life. If you’re going to move forward with your lawsuit, then you need to be absolutely sure that you’re going to be able to commit to it from the very beginning to the very end. With the sheer amount of money that you could end up spending on legal fees, you’re not really going to be in a position to drop the entire thing halfway through and walk away without saddling yourself with a serious bill. If you really feel as though you have a case and you’re willing to fight for it, then go for it, but if you’re unsure then you need to think very carefully about how much you’re ready to actually commit to it.
Think about collection
Remember that a judge only has the power to say whether or not you are legally entitled to monetary compensation. What they can’t do is actually help you collect it. You need to think carefully about actually collecting the money. If you’re suing someone for an amount that is way beyond their personal means, then there’s a pretty solid chance that you’re never going to see that money. If you’re suing a business or an employer, then you probably have a better case for a larger sum of money. It’s also important to know that the case may not end at the moment when the judgment is obtained against someone. There is still a chance that they could refuse to pay at all. If that’s the case, then there are several options open to you. Whether that’s seizing the wages of a business owner who you have obtained a judgment against or having the license revoked of a contractor until the judgment is fully satisfied.
When it comes to filing a lawsuit the main question that you have to ask yourself is this: is it really worth it? Don’t think of this as an attempt to discourage you but it is incredibly important. You should never approach litigation without thinking very clearly about whether or not it’s worth the time, effort and money that it’s going to cost you. You should also think about the person or organization you’re claiming against. Are you trying to seek a genuine form of justice and reparation? Or is there a more directly emotional ulterior motive at play? If the latter is the case then you may want to reconsider whether a lawsuit is really the best option. For both the claimant and the respondent, a lawsuit can be an exhausting, financially and emotionally draining experience. Ask yourself if you’re willing to put them, yourself and the people in your life through all of that. If you really do have a strong case, then the answer to those questions will be yes. Yes, it is worth. And if that’s the case then you need to be ready to knuckle down. It’s not always going to be an easy road, and there are going to be many moments along the way that will make you want to throw in the towel completely. But if you truly believe that your case is legitimate then you shouldn’t let anything stop you from seeking justice.