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Many people in the US sue those that they believe are responsible for their harm. Indeed, filing such a case is a very effective way to access justice and compensation for those incidents that fall outside of the criminal courts. However, suing someone or an organization can be a complex and costly process, so you must consider it carefully beforehand. Read on to find out which factors you will need to consider before filing a case.
Do you have a sound case?
Any case that you bring against another must be robust enough to stand up in court. This means there needs to be enough evidence to show that the other party was at fault, as well as a legal precedent that they are at fault.
For example, in a personal injury case such as a slip, trip, and fall you will need to demonstrate that the defendant was at fault, and caused the incident to happen. If you cannot do this your case will be dismissed, and you will not be able to claim any compensation. You will be out of pocket too, as you will have to cover your attorney fees.
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Have you got the money to pay attorney’s fees?
While some attorneys may operate on a no-win no-fee basis, the best does not come for free. Indeed, sometimes it just doesn’t make sense to pursue a claim through the courts if you won’t get back significantly more than you are likely to pay out. Be sure to do your calculations beforehand.
Do you have someone that will serve process effectively?
Making sure that the person, persons, or organizations that you are suing received the documents that notify them of your action is a crucial part of the process. However, making sure that these documents reach the hands of the defendants can be a real challenge, especially if they are evasive. That is why you must find an effective process server company to help you with this task. Then you can be sure that no matter how tricky your defendant they will get served and there will be legal documentation of this.
Have you got the resources to deal with a lawsuit right now?
In addition to money, being involved in a lawsuit can be very demanding on your time, and energy, not to mention take a real toll on your emotional well-being. That means before you decide to bring a case you need to consider whether you have the energy and focus to follow it thoroughly, or whether you would be better off spending your energy in other ways such as on your business, or personal life.
Is the complaint still within the statute of limitations?
Last of all, before you file a claim you will need to make sure that the complaint you are making still falls within the statute of limitations. This means that it can still be legally brought as a case in a court of law.
If you are unsure whether your claim is still under the statute of limitations, consult with an attorney before you decide to file a case.
