Should You Sue?
For some laypeople, certain ideas come to mind when the topic of law is discussed: Courtrooms and lawsuits. Nevertheless, many people struggle to answer to this question: Should I sue?
Before you decide to file a lawsuit against a person, business, or government, keep these questions in mind: Do I have a strong enough case? Why am I suing? What do I want from the other side? What are my chances of winning? Is it worth the time, effort, and money? Can I settle without filing a lawsuit?
To determine whether you have a strong enough case, you must have and present enough evidence that you were wronged and just as important, that the law provides a remedy. The law does not provide a remedy or an effective remedy for every injury or insult. In a personal injury case, ask: were you hurt? If so, how badly? Was the other person more at fault than you?
In a contract case, you must present proof that there was a contract or in general that you provided goods or services to the person and did not receive full payment for such. You must provide sufficient evidence of damages, i.e., you lost money or experienced economic setbacks or losses due to the breach.
To identify why you should file a lawsuit, ask yourself why you want to sue. These reasons differ from case to case but consider what relief you want and the likelihood, legally, whether you can receive it.
Remember, there are no guarantees in lawsuit. Sometimes, courts make the wrong decision and while you can appeal, appeals are costly. To determine whether filing a lawsuit is worth the time, effort, and money, you should consider all possible outcomes. First, talk to your lawyer about the outcome you want.
To determine whether you would be better off if you negotiate with the person or entity you are suing, consider the parties involved, the likelihood of reaching an agreement, and the consequences of compromising. Compromising with a neighbor often is better than suing him or her. However, compromising with the person or business responsible for causing you a serious injury and a lifetime of pain and suffering may not be better than suing him or her. Again, it depends on the facts, circumstances, and practicalities of a suit versus a settlement. And know this: there is no guarantee that the person or business who injured you will agree to any settlement or a favorable settlement.
Remember: Whether you should sue depends on your own situation. Every case is different.
If you have questions and/or concerns about whether you should sue, about filing a lawsuit, and more, talk to a lawyer. To learn more, to have your questions answered, and to have your concerns addressed, contact Nashville Attorney Perry A. Craft. You can also call The Law Office of Perry A. Craft, PLLC at 615-953-3808.
Perry A. Craft has dedicated his life to helping people in need. He has tried, settled, or resolved numerous civil and criminal cases in State and Federal courts, and has represented teachers and administrators before school boards, administrative judges, and the state Board of Education. Learn more about Attorney Craft.