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Considerations to Make before Filing a Lawsuit by Cleo Gib





Considerations to Make before Filing a Lawsuit by
Article Posted: 03/27/2016
Article Views: 132
Articles Written: 12921
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Considerations to Make before Filing a Lawsuit


 
Law

When someone has violated your rights or done something to you that resulted in emotional or physical damages, you might feel inclined to file a lawsuit. However, this may not be the best course of action at all. Speaking with a lawyer can help you know what your best options are. Here are some of the things to think about and discuss with your attorneys in Baytown, TX, if you are thinking about suing someone.

Weigh the Costs of a Lawsuit

You have the right to do a lot of things. However, just because you have the right to sue someone over a very minor violation of your rights doesn’t mean that you should. You need to weigh the costs of filing a lawsuit against your chances of winning. If you cannot justify the costs, then perhaps consider talking to the person in person to make amends or ignore it entirely.

Avoid Revenge or Spite

Revenge is one of the worst ways to file a lawsuit. First, a lawsuit can be costly, and after the case is over, you might not feel any better and you might also be out thousands of dollars. Second, if you file a lawsuit out of revenge, then your opponent might turn around after the court case is over and sue you for bringing a frivolous lawsuit.

Consider Mediation

Mediation is a preferable situation over litigation in almost every instance. Mediation is a little more personal, less expensive, and is much less formal than litigation. Going to court usually takes much longer than mediation as well. Rather than having a “winner” and “loser” as is the case with litigation, mediation is focused on assessing the situation and coming up with a reasonable resolution that works equally for both parties.

Consider What You Might Lose

One of the disadvantages of filing a lawsuit is that really anything can happen. There are no guarantees that you will win, and even if you do, there is a chance that you won’t get as much as you wanted. Very rarely does one party in a court case get everything. Typically, it is divided between two or more parties, or it is not as much as you wanted or expected. Make sure that before you file a lawsuit you know what you stand to lose.

Hiring an Attorney

It is important to remember that if you choose to represent yourself in your lawsuit that you will not have anyone on your side helping you. On rare occasions, judges and court clerks will help you with small things such as when it is okay or not okay to object to a question or statement made in court. However, as a general rule, litigants that appear pro se, or without legal representation, are not taken as seriously as those who hire a lawyer to represent them.  

Factors Regarding Cost

Finally, talk to your attorney about their strategy and what that has to do with how much litigation is going to cost you. For example, if they need an expert witness to testify on your behalf, this will come with a fee. Your case might require extensive research by your attorney or by one of his or her clerks or paralegals. This is going to cost you money as well. Generally, even cases that are textbook open and shut cases will come with costs, and it is crucial that you take a long look at what it will cost you and whether it is worth it. Talking to attorneys in Baytown, TX, will help you know if a lawsuit is the best course of action and guide you through your next steps.

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