Consider Before Lawsuit 2

Factors to Consider Before Filing a Lawsuit

Filing a lawsuit can be complicated.  There are several factors that need to be considered when deciding if filing a lawsuit is the right move for you and your specific issue.  

Costs

Litigating can be quite expensive. Are the costs going to outweigh the potential recovery? Costs include court fees, attorneys’ fees, as well as costs associated with investigation and discovery. These expenses can add up quickly. In order to evaluate this, it is important to know what you are potentially entitled to and what you can actually collect.  These are a few of the questions that will need to be answered before proceeding with filing a lawsuit. 

Alternatives to Litigation

Are there other alternatives to litigation for your case?  It is important to note that there are a number of alternatives to litigating. The two most common ones are mediation and arbitration, but sometimes it is as simple as opening lines of communication which could lead to coming to a resolution without needing to actually file a lawsuit.  This can be done through a simple demand letter or even involving a neutral party to help come up with a resolution. These alternatives can potentially save you money as well as the time required for litigation.   

Public Record

Litigation is a matter of public record, thus anything discussed in litigation may be available to the public. There could be damaging details involved that you don’t want to become public knowledge. In such cases, you should probably pursue alternative forms of dispute resolution that can remain private.

Possibility of Winning

It is best to consult with an attorney to see what the possibility of winning your case is. In analyzing this, it is important to evaluate the potential evidence available, as well as the difficulty of gathering this evidence. Additionally, it is important to evaluate the available witnesses and their reliability and potential witnesses the other side may call. 

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