There are many reasons why you might want to sue somebody. If you’ve been injured or wronged by someone, you may sue them for the damages. If you’re owed money, you could sue them for payment. But going to court isn’t easy and there are certain things you need to consider before you begin this process. Here are some important details to remember if you decide to sue them.
Settling Your Dispute Without a Lawsuit
Before you initiate a lawsuit, it’s a good idea to issue a final demand to the offending party. Sending a certified letter written in an official manner, warning them of impending legal action can convince them to comply with your demands. If they’re willing to settle the matter without going to court, it can save you the trouble of spending time and money on a lawsuit. If your issue is with a business, filing an official complaint with the Better Business Bureau or other consumer protection agencies can help get it resolved. But if this doesn’t work out, then you should move ahead with your plans.
The Strength of Your Case
When looking at how good of a case you have, you need to be objective. The burden of proof is your responsibility, so you have to make sure that you can definitively prove the fault of the defendant. Since different disputes have different burdens of proof, you’ll have to show that they’re liable in your specific case. If you believe you have a strong case against them, you can go ahead and file a lawsuit to settle the matter. At this point, hiring an attorney to assist you is advisable, as the legal system can be confusing and difficult to manage alone.
Decide If The Lawsuit is Worth It
You should consider whether the defendant has the money to pay for any damages you might be awarded. It will certainly not be pleasant to know that after spending so much time in the court, paying the legal fees and winning, only to discover that the defendant has filed for bankruptcy. It can be tough to not take a dispute to court when you know you’ve been wronged, but if you take emotion out of the decision and look at it logically, there’s a chance a lawsuit simply isn’t worth pursuing.
The Statute of Limitations for Your Dispute
Different types of disputes will have various statutes of limitation, meaning, if you don’t initiate them before the allotted time has ended, you lose the ability to do so. You’ll want to file these as soon as possible as it becomes harder to prove your case, the longer you wait. Witnesses can become unavailable or may forget important details, and there’s also a chance of losing the evidence. If you decide to sue, starting the process quickly will maximize your chances of winning. Contact a lawyer or research your state’s laws to find out exactly how much time you have before the statute of limitations on your particular case runs out.
Victory Is Not Guaranteed
Even if you believe that you have a solid case, there’s literally no way to predict how it’ll play out in court. A skilled litigator could find a way to outmaneuver you, or the judge may simply disagree with the case you or your lawyer has presented. You’d still be stuck paying your attorney and court fees, but you would gain nothing for your trouble. There’s always a risk when pursuing a lawsuit, so think logically before deciding if you want to sue someone or not, and if you feel that you have a strong case, then only you should go ahead with the lawsuit.
Always Speak To A Lawyer First
It’s strongly recommended that you consult a lawyer before initiating any legal proceedings. Even if you don’t intend to hire one for the lawsuit itself, you should get a consultation to go over the case with you. They can tell you how strong your chances are in the court and point you in the right direction for filling out all the necessary paperwork. Most lawyers offer a free session the first time you meet with them, so take advantage of the opportunity to get as much information as you can.
Suing someone can be a long and arduous process. You’ll end up spending extended periods of time in court and pay your lawyers and court fees before even finding out if you’ve won or not. Then there’s the issue of actually receiving any judgment you were awarded. Consider these important details before you file a lawsuit so you know whether it’s the right thing for you to do.