7 Key Factors To Consider Before Filing a Lawsuit

Did you know that roughly 83.8 million state trial lawsuit cases occur every year? Even allegedly “simple” lawsuits can drain massive amounts of time and resources. That’s why you should fully consider every angle before you decide to sue someone.

So how can you find out if you should file a lawsuit? In this article, we’ll walk you through seven key decisions you will need to make before beginning. If by the end you still want to sue, then we’ll help you find a good lawyer. Let’s get started!

Seven Questions to Ask Yourself Before Filing a Lawsuit

Lawsuits get tossed around in this country so much, it’s easy to think that they aren’t a very big deal. The reality is that even small lawsuits require a significant amount of money and headspace.

As such, you need to be certain that suing is the right move for you. You can get started by asking yourself these seven questions. We also recommend consulting an attorney so you can get some professional advice that’s tailored to your specific case.

1. Have You Exhausted Other Alternatives?

Filing a lawsuit should be your last resort when it comes to getting the money you deserve. Never assume that the person or company you plan on suing isn’t open to a reasonable settlement.

The first thing you can do is send a demand letter. In some states, this step is even mandatory to send fourteen days before you file the lawsuit. A demand letter describes the damages that occurred and what you expect in return.

If this doesn’t work, then it’s time to hire a professional to mediate between the two parties. Ideally, during this meeting, a settlement or agreement can be reached that’s equitable to both parties.

For example, in the cases of child custody, an agreement may be reached to let the children stay with one parent during the week and another during the weekend. It’s always a good idea to settle outside of court if you can.

However, if you receive a lowball settlement or none at all, then you may have to sue.

2. Do You Have Enough Funds to Sue?

Suing people costs a lot of money, so you need to be prepared for this hurtle. Lawyer fees aside, you even need to pay to file the motion. In some cases, you may recover these fees by winning the case.

But, you can’t fully rely on this possibility. After all, even the most airtight cases are subject to unfair verdicts. As such, you should analyze the risks versus the gains. Anyone owning a business is familiar with this concept.

Does the risk of losing the case justify the potential gains from winning? If you’re willing to risk gaining nothing, then you can proceed.

3. How Much Evidence Do You Have?

Before you consider, take a specific look at what you will need to win your case. Do you have the necessary documentation needed to prove your case? Ask yourself honestly this evidence is strong enough to win the case.

For example, it’s going to be extremely difficult to win an automobile personal injury suit if you don’t have any accurate accident reports. Finding willing witnesses that can come forward is another big step.

We highly recommend consulting with a professional to see how much water the evidence in your case will hold.

4. How Much Time Are You Willing to Spend?

A lawsuit can turn into a long and drawn-out process. As such, it’s dangerous to rely on them for income.

Even if you win the case, it may be years before you see the money. Because of this, you should ask yourself if it’s worth all the time and effort that will be put into it.

5. Is the Other Party Worth Suing?

Let’s say you have a very good chance of winning your case. Sometimes, it still isn’t worth suing. For example, if the person you’re suing doesn’t have the money to pay.

In this case, they may declare bankruptcy and you’ll have little to no compensation. As such, ask yourself if the person can even pay for your demands before proceeding.

6. Are You Willing to Make This Public Record?

Keep in mind that the details of your case are on public records. That means that anyone can access them whenever they want. For some people, this might not be a big deal. But, for others, it can potentially affect their reputation, career, or public image.

For example, the defense team might potentially try to discredit the plaintiff by digging up dirt on the individual. As such, you should be sure that you don’t mind giving up some of your privacy for the sake of the case.

7. Can You Find a Good Lawyer?

It’s highly recommended that you find a good lawyer who can help you navigate your case. The law is a complicated process that requires the specialized knowledge of a good attorney.

As such, they will help you organize an effective case that holds up in court. They can also help you recover more money from your lawsuit.

They do this by properly valuing your claim and knowing when to take a settlement. But how do you find a lawyer that you can trust? We recommend finding one on

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We hope this article helped you decide whether or not filing a lawsuit is the right decision for you. As you can see, a prolonged lawsuit can quickly become a cash hole in which no parties win.

Because of this, you should always be 100% sure that you want to sue before you commit. Are you looking for more topics that interest you?

If you answered yes, then you’re in the right place. Woman of Style and Substance offers a variety of articles — from travel to lifestyle. Keep on reading today to find something that appeals to you.

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