So you’ve had a poor encounter or someone has wronged you and you want to sue! Maybe you’ve spoken with a few lawyers or are debating whether or not to file a case and want to know what to think about. Keep in mind that our first piece of advice is that speaking with an attorney is always preferable to researching on the internet. The trial lawyers at Autrey Law Firm have extensive expertise in a variety of areas of law and are pleased to answer general questions.
However, if you want to have a quick go-through here are some things to ask yourself before considering a lawsuit.
Do you have a Solid Case?
You must demonstrate that you and the other party have entered into a legally binding contract. This factor is especially simple to verify if you have a written agreement. You’ll have to prove that you had an enforceable oral contract or that an enforceable contract may be implied from the facts of your case if you don’t have a written contract.
You’ll need to show that you followed the contract’s requirements. You should have no problems with this part provided you have made agreed-upon payments and otherwise cooperated.
You have to prove that the person you intend to suit did not fulfill his or her contractual responsibilities. This is generally the crux of the case: you’ll have to show that the contractor didn’t complete the work as promised or did work of unacceptable quality. You need to establish that the other party’s violation of the contract caused you harm. This part should also be very simple to establish whether the task has to be restarted or completed.
Time & Resource Affordability?
It takes time to file a lawsuit. Appointments with your attorney, document prep, alibi planning, witness preparation, and waiting for your court date are all part of the process. If nothing is resolved at your initial court appearance, you will have to wait longer, prepare more, and wait for a later court date and decision. Suits deplete resources as well.
Do you have a job that you can leave for as long as you need to?
Can you afford to devote your whole attention to your case?
If this is the case, bringing your case to court may be the best option.
Alternate Methods
Make sure you’ve thought about all of your options before going to court. Don’t rule out the possibility of a different approach to recuperation. It’s possible that merely sending a demand letter will be enough to settle the disagreement. Depending on the facts of the case, some other settlement or alternative method of conflict resolution, such as mediation, may be a preferable approach to a demand letter.
Privacy
In most cases, litigation will be open to the public. Are you truly ready for your case’s information on display for anyone to see? You don’t want any potentially negative facts to become public knowledge. In such instances, you should probably seek out private alternate modes of conflict settlement.
Consult the experienced lawyers at Autrey Law Firm in case you are thinking of filing a lawsuit!