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Filing a Lawsuit: The Basics to Know So You Don’t Waste Your Time

Litigation is possible for any situation. There are many lawyers out there who would help you for a fee.

However, this does not assure your lawsuit’s success. For example, the big question is not only how to sue a hairdresser but also whether it is worth the effort to sue one.

You can avoid wasting your time and money on a lawsuit by asking yourself a few things, as suggested by the experienced lawyers from http://shireslaw.com.

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Have you made a final demand?

One of the things you have to be clear about is that you notified the person you want to sue. Many people and companies are willing to avoid the trouble of a lawsuit. Discuss it with a lawyer and ask them to draft a formal letter. The lawyer is essential since they can make your letter sound official. It becomes a simple statement of fact.

This approach can convince the recipients to work with you to resolve the issue. You have a good chance of resolving everything without going to court unless the other side is stubborn or very confident about their chances. If they are resistant to your offer, then your lawsuit might be the final resort.

Do you have access to a good lawyer?

Another factor to consider is the need for an excellent lawyer to back up your case. There are several lawyers out there who will all promise to win your lawsuit. A good tip is to ignore anyone claiming a 100% chance of winning the case.

That claim is nothing more than a pack of lies. There is always a chance of losing the case. Your best bet with a good lawyer is raising the chances of success, not guaranteeing a win.

Additionally, another best bet is someone who consistently wins cases. Ask questions about any successful lawsuits or do some research on them. Good litigators will have a solid history behind them. Another factor to consider is whether you can work with a lawyer. If you dislike your attorney in any way, that significantly lowers the chances of success. You need someone who you can work with on your case.

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Is there a good case?

Now that you have a lawyer, it is time to sit down with them and review the facts of your case. When you file a lawsuit, you need to present a good case to the court that the other party needs to pay you damages. There are two components to this goal.

First, you have to prove that you suffered an injury, whether physically, emotionally, mentally, or monetarily. For example, accident injury lawsuits are very easy to prove when it comes to injuries. All you have to do is present the court with your medical records after the accident. You might even still be suffering from the injury.

Next, you need solid proof that the other party is responsible for your injury. Returning to the example of the accident injury lawsuit, the other party needs to be responsible for the accident. It might be the driver of the vehicle that hit you or the owner of the establishment where you had the accident. They need to be liable in some form. However, this also means that you have to prove that the injury was not your fault. Your lawyer would be able to guide you through the details to ensure you have a case.

Will you get something from the target of your lawsuit?

While you might have a good case for a lawsuit, it might still not be worth it to go ahead with the suit. It is mainly because they might not even be worth the trouble. Suing a person with no assets is an excellent example of this. You might have a good chance of winning. However, your victory is useless if the other side cannot pay.

Evaluate whether the target of your lawsuit can pay before starting the process. Multi-million dollar companies or people with large incomes are often the targets of lawsuits for this reason. People know that they can pay, either with a settlement or from the judgment. Otherwise, you might even lose money. Many lawyers charge for their services after the trial. They frequently take a part of the compensation as the fee. Without any compensation, you will have to pay them yourself.

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How far will you go to get your compensation?

It is also a good idea to have a plan or target before your lawsuit starts. Without a target to aim for, your lawsuit will be aiming high with no goal. Some of these goals are not monetary.

Lawsuits sometimes require that the other party makes an official statement of their responsibility, which others can use against them in the court of law. Some people sue because they want an actual apology from those who hurt them. Have an idea about what form of compensation you want so your lawyer can plan for it properly.

Are you willing to accept a settlement?

Some lawsuits don’t end with a judgment. There are times when plaintiffs or their lawyer realizes that they are losing. If they don’t want to pay for the full compensation you outlined in your lawsuit, they might decide to settle.

While many people think that settling is giving up, it might be the best move possible. Lawsuits take time and money. Even if you have a winning case, it may still take a long time to resolve the suit. Settlements solve the issue immediately when you accept them. Furthermore, it will still be up to you to decide on accepting the settlement.

A lawsuit is a major escalation of any dispute. While it is tempting to resolve many situations with a threat of litigation, you should not be throwing around threats like that easily. Remember that going to court can be very expensive if you don’t win. Take note of the basics above to ensure that you have a good chance of winning.

About Bayan Bosinovski