When Should You Sue? - Civil Litigation | Burns Attorneys

When Should You Sue? - Civil Litigation

It’s Not Always Clear When You Should Sue. Call Us Today to Evaluate Your Case

Filing a lawsuit is not a decision to take lightly. You need to think through your case from start to finish before you even consider beginning the legal process of filing a lawsuit.

In some cases, pursuing a lawsuit may not be the best way to handle your problem or issue. In other cases, hiring a personal injury lawyer Los Angeles is the smart decision.

In this article, learn about when you should sue and how to get started.

You Have the Right to Sue - But Should You Sue?

As The Washington Post reports, the Seventh Amendment protects each American citizen's right to file a lawsuit.

However, just because you can sue doesn't mean you should sue. It is vital to consider all of the potential impacts of filing a lawsuit before you take that next step.

The smart move is to sit down with an experienced civil litigation lawyer Los Angeles to talk through your case, your reasons for filing the lawsuit and whether suing is the only means or even the best means of achieving your goals.

Either way, this can only be to your benefit. You will come out of the meeting knowing that moving forward with your lawsuit is the right decision.

Or you will emerge from your meeting with an even better strategy and business litigation lawyers Los Angeles who can help you make that happen.

Identify Whether Your Case Meets the Basic Criteria

As respected legal research site NOLO outlines, good lawsuits generally tend to follow certain defined parameters.

Your business litigation lawyers Los Angeles can review your specific situation with you to identify whether it meets these basic set points.

  1. A strong initial case.

    Determining whether you have a strong initial case depends on the type of lawsuit and the details of what occurred.

    A construction lawsuit may have different criteria than an employment lawsuit or an auto accident lawsuit.

    Your personal injury lawyer Los Angeles can review the specific criteria for your type of case to help you determine whether to proceed.

  1. A basic comfort with the potential for settling versus going to trial.

    Data published by the New York Times indicates settling actually results in a more advantageous outcome for the plaintiff.

    The truth is, more cases settle each year than actually go to trial. The reason this can work to your advantage is because settling ensures you actually will get something for your time and effort.

    If you proceed to trial, there is always a chance you will lose and even be made to pay the defendant's legal fees and/or damages.

    As USA Today's list of 25 of the weirdest lawsuits ever filed highlights, sometimes a lawsuit can go very, very wrong if you go all the way to trial.

  1. A reasonable chance you will actually be able to collect your settlement if you win your lawsuit.

    When you sue an individual or entity, even if you win that is just the first step of the process. The next step is to collect.

    Let's say you win your lawsuit but the defendant goes bankrupt in the process (or was already bankrupt when you filed your lawsuit).

    In this case, you will get the satisfaction of winning, but you still have a very low probability of ever receiving the damages awarded.

    In the same way, perhaps you are awarded damages but then the defendant decides to appeal. This could tie your case up in court for months or even years, eating up your time and leaving you with nothing to show for it.

    This is one of the key reasons you need a civil litigation attorney to help you talk through your options. You need to identify up front all possible resources to collect your settlement or award from the defendant.

    This may mean researching the defendant's holdings, including tangible or intangible assets, property, vehicles, income from employment or holdings and which of these assets are accessible to you legally.

    You also have to prepare for the outside chance that the defendant may choose to file for bankruptcy as a method of getting out of paying you what you are owed.

    There are only a handful of exceptions where a debtor's obligation to pay you will remain (examples include child support and drunk driving damages).

Why Work With a Civil Litigation Lawyer Los Angeles?

If you plan to sue for less than $10,000, your best route may be to file in small claims court. Small claims court works differently than other courts and is designed to streamline low-impact lawsuits.

Most people don't worry too much about whether to file a small claims lawsuit. If you are struggling to decide whether to proceed with your case, chances are good the potential value is far greater than what a small claims court is set up to address.

But how do you decide what your case is truly worth? What if you could reasonably sue for $100,000 but you don't know that and file a claim for $10,000 instead?

This is exactly why it is smart to schedule an initial consultation with a personal injury lawyer Los Angeles.

Any reputable attorney will always offer the initial consultation absolutely free of charge. You pay nothing to get the benefit of an experienced and knowledgeable attorney's time and insight.

By the time your free consultation concludes, you will know if you have a case, what your case is potentially worth and your options to proceed with seeking damages for what you have been through.

If you decide to move forward, you will also have a trusted lawyer to guide you.

Contact Us for a Civil Litigation Lawyer Los Angeles

Deciding whether you need a civil litigation attorney is a stressful decision. We can help. Contact us to request your free initial consultation with one of our highly skilled and experienced business litigation lawyers Los Angeles.

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