Lawfuel.com – The Law Firm Marketing Newswire – America is seen as a “sue happy society” in many other nations. If you were to take a look at statistics about litigations and lawsuits, you would assume that nearly every person in the country has tried to file a lawsuit at some point in time. The organization eLocal Lawyers did an infographic on litigation and lawsuits in the country, and they found that there are on average 15 million lawsuits filed in the United States each year. It’s estimated that Americans spend more on civil litigation than any other industrialized country.
Those numbers may seem impressive, but they don’t tell you how many of those lawsuits are actually by the plaintiff. There may be millions of lawsuits filed in the country every year, but that doesn’t mean that every suit that’s brought to court ends up in the filer’s favor. It’s easy to file a lawsuit in this country, but actually winning a lawsuit is much more difficult than getting it to be heard in court. If you’re considering filing a lawsuit, you should ask yourself these questions before you go through with taking legal action.
Is a lawsuit the only way?
You may have an open and shut case that any jury would rule in your favor, but that doesn’t mean that you should file a lawsuit. Almost any legal specialist you hire will try to look for other options aside from lawsuits to settle a case. If you haven’t tried to already, you should try contacting the defendant or their legal representative so that you can negotiate something that could work out for the both of you. You could also hire a neutral third party who can talk to both, you and the defendant to try to find a solution that can work for everyone involved. You could even submit your dispute to binding arbitration. Either way, you should explore every possible legal avenue before you peruse litigation.
Do I have a good case?
Thinking that you have a good case, and actually have a good case are two different things. If you want to win a lawsuit, you need to have a substantial amount of evidence that supports your claim. If you’re suing an employer, you need to make sure you have a legally binding contract with them that has proof they’ve breached it. If you’re suing someone over unfulfilled contract obligations, you also need to make sure you didn’t breach the agreement you had with your employer. If you weren’t fulfilling your contractual obligations, you shouldn’t try to sue them.
Will I be able to collect money if I win?
Winning a lawsuit means that the defendant will be legally required to give you some sort of compensation, but that doesn’t mean that they’ll have what they need to give you. Any good product liability lawyer will tell you to drop a case if the company that made the product is out of business. The person or company you’re suing needs to have assets that can be collected, if they don’t you’ll end up wasting a lot of time and money on your legal fees.
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