Lawsuits these days seem all too common. In fact, it has been estimated that about 40 million lawsuits are filed in the United States every year. However, just because you can sue doesn’t mean you should. There are a lot of considerations you should make when deciding if you should file a lawsuit. Some of these are extremely important. Below are four you should keep in mind.
Do You Have Standing?
Just because you want to sue does not mean you legally can. There are a lot of technical rules that go into determining whether or not a party has standing to sue another party. Overall, you must have suffered some kind of legal injury that the court in question can provide legal remedy for. There are different situations in which you might not have the standing to sue. Make sure to research these thoroughly.
Can You Afford the Lawsuit?
You should also consider the fact that in most instances legal representation in the scope of a lawsuit costs a significant amount of money. Only some lawyers will offer to represent you pro bono in a few select circumstances. This is not the case for most lawsuits. Most lawyers charge an hourly rate. If the lawsuit is complex enough and drags on, the financial burden could become too much for you to carry.
Will You Be Able to Settle?
Many lawsuits don’t end up going to trial. In those cases, both parties reach a settlement. This might include a financial settlement. Make sure to research whether or not a settlement is likely. You may want to look into pre settlement funding. The cash advance lawsuit settlement truth is that you may be able to get financial help if the odds of obtaining a settlement from the other party are strong enough. Getting to the settlement will still require paying for legal services. Figure this out beforehand if your lawyer does not work pro bono.
What Are Your Chances of Winning?
Certain kinds of lawsuits are harder to win than others. For example, defamation has been historically hard to prove in court. However, certain things, like strong evidence, may improve your chances. For example, the defamation in question may exist as printed libel that could be presented as evidence in the lawsuit.
Overall, there is a lot that goes into a lawsuit. In certain cases, it may not be a good idea to sue. In others, you may be able to win in court or obtain a hefty settlement. Discuss the possibilities with an experienced attorney.