Ten Things to Think About Before You Sue

Suppose you have been the victim of a negligent act inflicted by someone and has affected your physical or psychological state, and you are contemplating suing the attacker. In such a situation, when you need a lawyer for your injury case, there are certain things to think about before you sue that person. Here are some things to keep in mind before proceeding with the legal case.

Do You Have a Good Case 

There are many reasons why you may not want to take your claim to court, but if you can prove that the defendant violated your rights, it is up to the judge or jury to decide whether the defendant’s actions were indeed legal and appropriate.

Have You Made a Final Demand in Connection With Your Dispute?

Generally, if you are involved in a dispute before you can file a lawsuit, you must send the defendant a final letter demanding payment or some other action. This is called serving “notice of demand.” If it doesn’t work, you can then file a lawsuit. In most cases, service of notice is not required but is usually considered to be good practice.

Have You Tried to Settle the Dispute by Compromise? 

If you and the other party can work out a compromise, so much the better because this will save everyone from having to pay legal fees. Sometimes, an offer is more persuasive than demand and can be worth a great deal more than if you were to make that same demand in court. 

Will You Be Able to Collect a Judgment If You Win? 

If you win the lawsuit, can you collect? If not, it’s not worth going to court in the first place. However, a good lawyer will be able to collect a judgment even if you don’t have the money to pay it yourself. Make sure you choose an experienced lawyer who will do whatever is necessary.

Do You Have the Money To Pay A Lawyer To Handle The Lawsuit? 

This is one of the most important questions because, without a strong lawyer, you can lose everything in court. Also, be sure that your lawyer is willing and able to handle all of your concerns as they arise and that they are trustworthy, honest, and dependable.

 Do You Have the Time and Resources to Devote to a Lawsuit? 

Going to court is not a simple process. All cases are different, but most require more time and effort than one might imagine before trial, during the trial, and after the trial is over. Take into account your daily obligations and responsibilities as the time you should spend on your case. 

Are You Within the Applicable “Statute of Limitations? 

This means that you must have started your case within certain time limits. Usually, limits are ranging from one year to two years before bringing a legal case. If you bring a claim outside of the statute of limitations, then you could be subject to all kinds of complications and delays that could prevent you from getting what you deserve.

Where Will You Be Able to Sue? 

Choose a place that has laws similar to those in your home state. You will want to know if the place you are suing in has rules different from those of your state. The local rules may be more favorable than those you are used to, and it is best to try a case under favorable circumstances. So make sure that you know exactly where you will be able to file suit and whether or not it’s under local or federal jurisdiction.

Is Your Claim Small Enough To Bring In “Small Claims” or “Conciliation” Court?

 Small claims court is an informal court that handles lawsuits for disputes of $5,000 or less. You can represent yourself in small claims court or have an attorney. If you do not have an attorney, you must be prepared to present your case the best way possible.

If You Bring Your Claim in Small Claims or Conciliation Court, Will You Represent Yourself?

If you do not have an attorney, you may want to consider representing yourself. Small claims courts or conciliation courts are usually simpler courts that are less formal than regular courts. If you select this route, be sure to find out what your local court rules are and how they differ from the general rules in your state.

If you are in a situation where you believe that you need to file a lawsuit, you must consider the questions and concerns above. Remember that lawsuit is not the best way to handle a problem, but sometimes it’s necessary. However, if you can compromise with the other party, it is recommended that you do so because it can save everyone a lot of time and money.