How to Know When You Should File a Lawsuit
People are able to file lawsuits for a myriad of reasons. Some of the most commonly filed lawsuits are in regard to car accidents, job-related injuries, slip and fall incidents, medical malpractice, and so much more. When these incidents occur, people can be quick to file lawsuits to enforce contracts and to prove the liability of the opposing party. Although, there are a few, rather important factors to consider before filing a lawsuit. The three most fundamental questions you have to ask yourself and be able to answer consist of the following:
- Do I have a good and reasonable case?
- Am I comfortable with the idea of a compromise settlement or going to mediation?
- Assuming a lawsuit is my best or only option, can I collect any compensation or money if I win?
If you’ve found it possible and reasonable to file a lawsuit, we can walk you through these questions to help you assess the severity of your case.
Do I Have a Good Case?
To determine whether or not you have a good case, it is helpful to know that lawyers can break each type of lawsuit into a shortlist of legally required elements. It is said that as long as you are aware of the elements that fall into your specific type of lawsuit, it can be a rather simple task to determine whether you have a good case and if it’s worth putting up a fight for. To gain a better understanding, let’s take the example that a lawsuit placed against a contractor for partaking in substandard construction would be for breach of contract. This is due to the fact the contractor agreed either orally or in writing to conduct a proper job. The legal elements for this type of lawsuit assess contract formation, performance, breach, damages.
Is There a Definite Alternative?
Even if you decide that you do have a good case, it is not recommended that you automatically rush down to the courthouse to file a lawsuit. First and foremost, contemplate the ways to settle your dispute out of court. You can converse directly with your opponent and attempt to negotiate a mutually beneficial compromise. Another available option is hiring a mediator. A mediator is a neutral third person who is present to help you and your opponent evaluate your goals and options from both sides to come up with a solution that works for everyone. In addition—and if your contract provides for it—you may be able to submit your dispute to binding arbitration.
Can I Collect If I Win?
Answering the third and final question is one of the utmost importance. Let’s think of it this way: there’s no point in getting a court judgment against one that cannot pay up. As most reputable businesses and individuals will pay you what they are endowed to, if they do not have the money, they will not be able to pay you. If your opponent tries to go against their dues, it is likely that they will not budge, making your case and lawsuit more difficult than it should be. In these cases, a lawyer can help you identify the assets you can grab. Typically, if an individual owns valuable property or works with such items, such as land or investments, collection can be far from difficult. You can also ask your local law enforcement agency to garnish that person’s wages or attach his or her non-exempt property.
When filing a lawsuit against a successful business, especially one that receives cash directly from customers, you can authorize an assigned local authority to collect your judgment right out of the cash register. In many states, if you are suing a contractor or other business personnel with a state license, you can apply to have the license suspended until the judgment is rightfully paid.
Choose Smith, Alston, Darner, and Lee, PLC to Walk You Through the Process of Filing a Lawsuit Today
Our lawyers will be prevalent in your case from the minute that a complaint is filed all the way up to the point of winning in trial. Our lawyers can get in touch with your insurance agencies, workplace, and city officials, depending on the reason for the filing of a lawsuit. We have the professionalism and skill it takes in order to reap what is rightfully yours from your opponent. Contact Smith, Alston, Darner, and Lee, PLC to learn more about how to file a lawsuit and the importance of staying represented throughout the entirety of the process.
