Did you know that there are over 40 million lawsuits filed every single year in the United States?
However, although those are filed, not many of them actually see benefits in suing for damages. There is an entire process that takes time, money, and lawyers to get you to the win. And even then, it is not always going to work out in your favor.
If you are thinking about filing a lawsuit and suing for damages, there are a few things you need to consider first. Keep reading this article to determine if suing is the right course of action for you!
1. Determine the Cost and Benefit Factor
When you file a lawsuit and sue for damages, you need to know that there is both risk and reward involved.
This is something that you have to weigh before you choose to go through with the decision to file a lawsuit.
You need to ask yourself what you are going to gain from the lawsuit versus what you could lose.
If you figure out that the benefits could outweigh the risks and the costs associated with starting a personal injury lawsuit, then you will want to go through with it.
2. Think About Your Chances of Winning
If you do not think that you can win your case, there really is no point in filing a lawsuit. This wouldn’t be worth the process to pursue legal action.
However, if you feel that you have a case because you have been wronged, then you should 100% make the claim and file a lawsuit. This will get you the compensation that you deserve.
Just be sure that you have the right evidence lined up to improve your chances of winning.
3. Consider the Alternatives First
When you are wronged, the first thing you may want to do is sue in order to get what you deserve again. If you do not know how to sue, this can be the start of the process.
However, there are other answers and solutions that you can try before you get overly involved in trying to sue someone. Instead, you can try a different method of recovery.
For instance, you could send a demand letter that is strongly worded to try to solve the issue that way first. This could resolve the dispute depending on the issue. However, if that doesn’t work, then you can try a settlement.
This is a voluntary way to figure out a solution to an issue. It is also a much simpler and easier solution.
But of course, if none of those methods work, you will want to find a personal injury attorney to help you with your case.
4. Consider the Collectible Amount
You may know that if you take it to court, you are going to win. That’s great!
However, there is more to it than that. You need to consider what the collective amount is and if you are actually going to be able to collect a reward after you win.
Seems tricky, right?
Well, if the person or place you are suing doesn’t have enough funds to give you the amount you are owed, you are not actually going to get the collectible that you deserve.
In this case, it is not worth it to spend money to sue them, win, and then not get the money. This is something that you have to keep in mind when considering your next move.
5. Know That It Is Time-Consuming
Going through a lawsuit is not an easy thing. It takes a lot of time and effort to go through the process. And you don’t even know if it will all pay off in the end.
This is part of weighing the case itself and the time it may take you to win. You have to ask yourself if the time spent on the case is truly worth it to you. Or do you have more crucial things in your life to focus on?
This is all up to you – your own opinion is what matters about this!
6. There Is No Privacy
If you enjoy your privacy, then going through an injury lawsuit may be tough for you. There is no privacy here as all litigation is part of a public record.
Anyone who wants to can see the case itself and everything involved. This includes details that you may not want others to see. If that’s the case, pursuing another form of dispute resolution may be your best bet.
7. Most Cases Have a Statute of Limitations
A statute of limitations is something that determines how long you have to file a case after you have been wronged. If you wait too long, your case will be null and you’ll have no chance of winning.
This is a crucial part of the process to understand before you start filing without the chance of winning.
What You Need to Know When Suing for Damages
If you are suing for damages, you don’t want to get ahead of yourself and simply start the process. There are steps to take to make sure that the process itself is worth it.
By knowing these seven things, you are in a better place to determine if this is the right process for you or if you want to pursue something alternative for a resolution.
Did you enjoy learning about the process? If you want to continue to learn more, keep browsing through our other articles on the site!