Filing a lawsuit is a serious
decision that should never be undertaken lightly. Many
people don't consider the facts of lawsuits before heading to their local
courthouse to file, and when the process actually starts, they discover
themselves lost. Here are some basic steps to consider before filing a lawsuit.
1. Ask yourself if you have a good case
A very important step to take
before filing is evaluating whether or not you have a valid case. Take some
time and consider your case; is it worth? Can you win? Moreover even if you win
is it worth the money, energy and time? Will it damage your reputation?
2. Research the theories of law
Take some time and do research on
the theories of law and see if it supports your theories and under which your
lawsuit will be filed. Consult an attorney before fill the suit to see if you
have a legal basis to start a civil case. The attorney might suggest you on how
and whether to proceed with the lawsuit.
3. List the Evidence
Collect all of the
necessary evidence you will use, such as documents, writings, objects, records,
photographs, and so on to see if you can meet the burden of proof. If there are
witnesses, contact all the witness and find out if they will be willing to
testify on your behalf.
4. Think about whether you'll Be Able to Collect
It does not mean that you will
ever collect just because a judgment is entered in your favor. Examine the
person you wish to sue to find out what types of assets they have to satisfy
any judgment you might receive. For instance, suing a person for one million
dollars when their annual salary doesn't exceed $20,000 means you won't ever
collect.
5. Make a Reasonable attempt to Settle With the Defendant
Until you have made
reasonable attempt to settle with the defendant many states will not allow you
to file a lawsuit. The Laws differ from state to state, but it is a fine idea to contact the defendant before filing
a lawsuit. If there is any other way to dispute other than by filing a lawsuit
then talk to the other party and come to an agreement.
