How do You Know When Suing is the Right Option for You?
At a period when new lawsuits are filed every two seconds in the US, you shouldn’t make a mistake and sue the other party without following due diligence. Lawsuits would automatically mean you pay court fees and attend lots of mandatory sessions. In some instances, the whole process can be a lot complex and end up taking months or years before it reaches a conclusion.
Indeed filing a lawsuit, as your attorney would tell you, isn’t a guarantee that whoever wronged you will be found guilty. Yes – a win equates to a handsome amount in compensation. However, losing it would automatically mean that you meet the defendant’s legal costs, something which sometimes is a hefty price to pay.
Things to Consider Before Choosing To Sue
Your final decision for or against suing shouldn’t be based on emotions, revenge or coercion. You must consult an attorney who is seasoned in similar cases like yours and knows the likelihood of winning it. But right before that, these are three key questions you should consider.
- Do you have a good case?
- Will you be willing to attend all the arduous and expensive sittings?
- Assuming the judge finally rules in your favor, will you feel alright with whatever verdict the judge issues?
Any ‘No’ from the questions above should be enough to trigger a second thought. Maybe if you settle your claim out of court, you will have saved lots of hassles. Maybe you will arrive at an amicable conclusion without engaging in nasty tag-of-wars.
When a Trial is Right
If you are thinking of suing someone, then you’ve got to think twice. You must sober up and critically analyze if you actually have a chance. Basically, this is a decision that you can’t make alone, regardless of how much evidence you have.
The following are some of the most ideal situations when a lawsuit is a smart decision.
- Initiating a lawsuit is acceptable when you’ve got no other choice, but to enforce a contract. If the other party has adamantly refused to transfer car ownership documents, a title deed or pretty much any form of contract, accelerate the issue.
- It’s equally wise to file a lawsuit when you need to recover damages. This could be because you suffered physical or psychological harm out of someone’s negligence. In this instance, however, your attorney will help determine whether you have a good case and indeed the second party was negligent.
- When you need to initiate a divorce and you’ve got grounds to ascertain that indeed it will go through, file a lawsuit. It is not mandatory to finalize a divorce at the court, however.
- If you are caught in a messy property dispute and the other party wants to forcefully evict you, then a lawsuit can help. The same is true if you’ve got a nosey neighbor who has wrongfully encroached on your property.
- Lastly, a lawsuit can suitably help you replace a fiduciary. You just sue grantors or beneficiaries of a trust fund so that you recover your funds.