The decision to file a lawsuit is not one that should be made in haste. There are three important things that you will need to take into consideration when figuring out when to file a lawsuit. First and foremost, you should make sure that you have a good case. You should also make sure that you will be happy with mediation or a settlement if you happen to win your case. Additionally, if you win the lawsuit, then you will need to make sure that you are able to collect a judgment.
What is a Good Case?
There is a checklist that you will need to go through in order to ensure that you have a good case. The elements that you need to prove that you have a good case are contingent upon the type of lawsuit that you are trying to file. Consider the following cases:
Breach of Contract
You hired someone to remodel your bathroom. You paid this person upfront. The workers took your money and did not do any work. You can sue this person for breaching the contract. However, you have to prove that a valid contract existed. You also have to prove that you paid the person. Additionally, you have to prove that you suffered damages as the result of the Breach of Contract.
Negligence That Leads to Personal Injury
Someone caused your injury because they were negligent. You will need to prove several elements in a personal injury case. You have to prove that the defendant owed a duty to you. There are several ways that can duty can be recognized by the law. For example, every driver is required to drive safely.
You also have to prove that a duty was breached. Additionally, you have to prove something called cause in fact. This means that you have to prove that you would have not been injured if it were not for the actions of the defendant.
Mediation and Settlement
Even if you are able to prove all of the elements of your case, it may still settle out of court. In many cases, the best thing to do is to sit down with the other side and come up with a solution that everyone can agree on. Mediation can be provided for free or at a low-cost. Some people are required to go through mediation before they take the case to court.
Collecting Money at the End
Are you able to collect money when the lawsuit is over? This is one of the most important questions that you can ask before you decide to file a lawsuit. Filing a lawsuit will not help you if are unable to collect a judgment at the end.
Courts can tell you that you are owed money. However, they will not help you collect it. You will likely have to get help from the authorities in order to collect the funds. Liens, wage garnishments and directly taking money from a business are common ways to collect funds.
You should also think about the person you are trying to sue. If the person does not have the ability to pay, then you probably will not able to collect much from this person. Furthermore, you should try another option before filing a lawsuit. There are other ways that you can collect money without filing a lawsuit.
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