Millions of lawsuits are filed each year across the country. While many are brought about by parties legitimately harmed under the law, many lawsuits are nothing more than a waste of time. How can you decide if you should consider taking a dispute to court?
1. Do You Have A Claim?
The first question to ask yourself is if you have a legal claim that can be proven in a court of law. Can you prove that a contract has been breached or that you are owed money from a past employer? If not, you may not be successful in court.
2. Have You Tried To Resolve The Dispute?
Have you taken steps to resolve the dispute outside of court? For example, have you offered to let someone pay for damages over time or agreed to renegotiate a contract that was breached? Taking less drastic steps than filing a lawsuit may be the best way to resolve a dispute.
3. Can You Afford A Lawyer?
Can you afford to hire legal representation? If not, you will have to prove your case on your own. If you have a lawyer with a good reputation, you may scare your opponent into giving you what you want without going to trial.
Lawyer fees can be quite hefty when you are going through a lawsuit. And the process is often a long one. Making sure that you have the resources before getting started is necessary. It is always a good idea to look at the situation and see if you will have the money to cover the costs if you don’t win the suit. That often happens, leaving people in a mound of debt.
4. Will Mediation Solve The Dispute First?
Third-party mediation before a lawsuit gets filed can be the best way to solve a case. Instead of spending time and money in a courtroom, you can have your lawyer and a representative for the other party hash out a legally binding agreement in a single afternoon. Many lawyers will offer mediation services on their websites if you are looking for someone to represent you in this type of situation.
5. Has Any Other Party Offered To Help?
Has an insurance company offered to pay your medical bills after you were hurt in a crash? Has a family member or friend of the defendant tried to make you whole after a crash or breach of contract? If someone is willing to help you with your bills or make amends for harming you, it may be easier to work with that party instead of going to court. Have you tried to get worker’s compensation if you were injured at work? Have you checked out the home page of an organization that can help?
There is a good time to sue and a bad time to sue. Unless you are being stonewalled by those who have done you wrong, it may be better to negotiate a settlement on your own. This saves everyone a lot of time and hassle while ensuring that cooler heads prevail.
This guest post is from Brionna Kennedy. She is native to the Pacific Northwest, growing up in Washington, then moving down to Oregon for college. She enjoys writing on fashion and business, but any subject will do, she loves to learn about new topics. When she isn’t writing, she lives for the outdoors. Oregon has been the perfect setting to indulge her love of kayaking, rock climbing, and hiking.