When faced with discrimination, a personal injury, a property dispute, handling an estate after the passing of a loved one, and many other scenarios, the hardest decision that you will make is whether to file a lawsuit. While filing a lawsuit might seem like a no-brainer, it is not always that straightforward. Even when you know that you deserve financial compensation because of the actions of a person or entity, there is some degree of risk involved with filing a lawsuit.
It is important to talk to an attorney who specializes in that area of law so that you can make a well-informed decision. While you might be tempted to file a lawsuit for the sake of principle, this is the wrong grounds. Instead, you need to consider three factors. First, you and your attorney will determine if your case is strong. Second, if you have a good case, is it winnable? Third, you have to decide if you are willing to settle for less than you deserve.
To determine the strength of a lawsuit, your attorney will review documentation, including police reports, witness statements, medical bills, contracts, policies and regulations, and others that are pertinent to your case. If necessary, your attorney will also talk to various people and conduct depositions. As part of this fact-gathering mission, your lawyer can see just how strong your case is. This will help decide whether moving forward with a lawsuit is worthwhile.
It is important to note that while you might have your heart set on filing a lawsuit, this may not be the right course of action. A reputable attorney will look at alternative solutions, such as a settlement with the potential defendant’s insurance company. For instance, if you sustained injuries in a car versus bicycle accident, it may be possible to come to a mutually beneficial agreement between you and the insurance company. If not, then proceeding with a lawsuit makes sense.
The ability to win your case is another criterion for filing a lawsuit. Obviously, filing a lawsuit with no chance of winning is a waste of everyone’s time and your money. As an example, you hire a contractor to remodel your kitchen, but after taking the 50 percent down payment, this person skips town. If you have no idea where to find the contractor or you discover that he filed for bankruptcy, then winning a lawsuit would be difficult.
Because of all the variables involved when trying to decide if filing a lawsuit is the right thing to do, it is imperative that you work with an attorney who offers years of experience and legal expertise in the right area of law for your situation. That way, the two of you can go through everything, weighing the pros and cons. A good attorney will look at every angle, trying to find a way to get you the compensation you deserve. A good attorney also will be honest in telling you when a lawsuit is not the right solution.