We never want to be sue happy but there are times when suing for damages is the best course of action.
With Americans filing 40 million lawsuits each year and more than 1 million registered attorneys in the US, it is safe to say that there are quite a few instances when people opt to go after damages.
Many of us think about car accident lawsuits when we hear about suing for damages but that isn’t the only instance when it may be a good idea to sue for damages. Continue reading to find out more whether you should sue or not.
Suing for Damages – Yea or Nay?
This law firm and other reputable law firms like it help clients with lawsuits on a daily basis. If they find a lawsuit is not warranted going after, they will let the potential client know and send them on their way with some good advice.
Before You Get Started
Before you get started on your path to suing, you should prepare yourself and know that not every case is going to be a win. You could go through all of the trouble of suing and come out at the end with less than when you began.
To even begin to think of having success with a lawsuit, you need to ensure that you know how you were injured and what you want to be able to fix that injury. If you don’t know how you were injured or what you need to fix the problem — that’s not going to do anything for you and no attorney will take your case.
Let’s keep it simple and talk about an injury case you’re likely familiar with — car accidents.
Let’s say that you were driving the speed limit on the highway and out of nowhere a car speeds up behind you and plows into the rear of your car. When this happens, you get whiplash and you lose time at work and also experience emotional trauma.
As you can see, you know what caused the injury — the car rear-ending you at a high speed. And you know what you want — money to fix the injury, recover the time you lost off work and to compensate for your mental trauma.
Even if the case is not this clear cut, your attorney will have studied the law and knows how they can get you the compensation you deserve which is why it is a good idea to consult with an attorney early on.
Factors to Consider When Thinking About Suing
There’s no single factor to consider when you’re thinking about suing. A case isn’t just “good” or “bad.” You need to think about the following things before you decide which way to go.
- Proof – Before you can go after any sort of lawsuit, you need to ensure that you have proper proof. Proof could be witness statements, photos or other evidence that shows what you are saying is true. If you don’t have any proof then your lawsuit isn’t going to make it far.
- Statue of Limitations – If you wait too long to file your lawsuit, you may be past the statute of limitations. Most states allow up to 3 years to file your lawsuit but you should always check about your specific situation.
- Cause of Action – Speak with your lawyer about the cause of action and make sure that your case has one that the courts recognize.
- Settlement – You should understand that your goal is not to go to court but instead is to get the money you need to recover. Filing a lawsuit is only done to press for a settlement.
- Risk Vs. Reward – Lawsuits cost a good deal of money and you should think about how much money you’re putting out when you go to file your lawsuit. If you don’t win, you could have less money than you started with which could put you in an even more difficult situation.
Now that you know these important tips for when you should or shouldn’t sue for damages, you likely have an idea about whether you should take your case to an attorney or not.
If you are still confused, there are many attorneys that offer a free consultation and will answer some of your initial questions without charging you. Look around your city to see if there are any attorneys that offer free consultations and get any questions you have answered.
Choosing the Right Attorney
When you are trying to choose the right attorney, you need to do your due diligence. Don’t simply choose the first person that comes up in search engine results. You instead should ask for referrals from friends, speak with some of their clients and read reviews online.
Don’t be afraid to interview a few attorneys to make sure that you’re finding the right match for you. Sometimes you’ll find the best attorney at the start of your search but that is rarely the case and you won’t know unless you interview more than one or two people.
Don’t be afraid to ask questions about whether they’ve dealt with cases like the one you’re up against.
Continue Your Education on Our Blog
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