When a person is at the receiving end of an offense, one option is to file a lawsuit. But they must contemplate well if this is the best recourse. There are major considerations to know if their case is worth pursuing. Before thinking of suing, here are some factors to look into.
The Reality of Uncertainty
All cases hold a percentage of uncertainty. Nobody goes to court on day one with the confidence that they are going to win. Many things can go wrong. Will the facts be covered in a reliable manner by the efficient court reporters in Phoenix? Will your witnesses perform well? Will the judge see from your perspective? Are you ready for all the evidence that the other party has?
All these come into play once you bring your case into court. Surprises and inconveniences may spring up on you while the proceedings are happening. Are you willing to take these risks? If you believe so much in what you are fighting for, you may go on with your case. If you feel that the risks are higher than what you will gain at the end, you may look for other alternatives to settle.
The Strength of the Case and Evidence
One significant question that you need to ask yourself is if you really have a case. Your issue must have an existing law to support it, or you have a legal document in hand such as a contract. You also need strong pieces of evidence to support your claim. People who are willing to be witnesses can also make your case more convincing. Presenting a case in court entails extensive preparation.
You and your lawyer must look into the ability of the other party to file a counterclaim. If this happens, your chances of winning will slim down. You must look at all sides before presenting your case before a judge.
Even if you have a high chance of winning, there will be losses along the way. A court proceeding requires a great deal of time and a large amount of money. You must ask yourself if you are willing to invest in those resources. It will be a wasted case if you decide to drop it because of a lack of finances or you find it too dragging. If you believe in the cause of your case, you need to be firm about it.
Also, consider the fact that you might lose your case. Do you have the means to pay for the other party? This cost is on top of all that you have spent.
Lastly, remember that once you proceed with your case, you will never come out of it as the same person. A lawsuit is hard on one’s psychological state. Are you ready for the stress that it will bring?
The Possible Strain on Reputation and Relationships
Court proceedings will inadvertently put you in the limelight. Lawsuits are ugly. Thus, negative publicity may result from them. If you are protecting a certain reputation, you might think twice before having a court case.
You need to think if you have tried all means of settlement with the other party before filing a lawsuit. Court proceedings can hurt even the strongest relationships. It is not wise to burn your bridges, especially if you and the other party have future deals.
Lawsuits keep justice in place. It brings compensations to a person who has been wronged. But you do not have to take everything to court. Have an objective analysis to weigh all the risks involved.