How to Sue When the Time is Right

To Sue or Not to Sue, That is the Issue

Ron Lester
Lawsuits have become synonymous with American society. People will try to sue for anything, these days. After all, we are a bit of a greedy nation. The problem is, attorneys are the ones that really gain from our strife, which is why there are so many commercials run by law firms. You would think it is a simple answer, but the choice to sue someone is quite complex. There are several questions you have to ask yourself. First, how much do you stand to gain or lose? Who will suffer from this lawsuit? How long will it take to sort out? What is required? What is your primary motive? Who should represent you? Do you have a case? These are questions that need to be addressed when considering to sue someone.

Representation
There are a couple frames of thought here. First, who is most likely to fight the hardest for you? Second, how much are you seeking to gain? You want to pose these questions first, because they will provide you with the best solutions. Actually, the second question is the most important question in this series. For example, you know your case is not going to bring in a substantial amount of money. You are not going to want to hire some well known law firm for this case. Most likely, the law firm is going to tell you it is not worth their time. So, the obvious solution is to look around for a new attorney. They are trying to establish themselves, so they are going to fight the hardest on your behalf. Now, if you are in a situation to receive a large sum, then you need the high power established law firm. They will welcome that opportunity and will not charge you for their services, until the case is closed. They usually take their fee from your settlement.

The Decision to take your case to court is not as clear cut as your choice of representation. You can get all the advice you want, but the choice to present your case is yours alone. This is where responsibility plays a critical role in your decision. You have to realize there are many repercussions that will arise from your decision, so you really have to tread lightly when confronting the dilemma in your life. This section clearly needs examples to help you make a concise move.

Industrial cases or cases involving businesses are going to involve many people. It could cost employees their jobs, which will affect the employees families. When approaching this decision, you must realize these entities will have strong legal backing. This means they are going to dig into your personal history and bring out any demons you may have. It will not be a pleasant experience, so you have to make sure you have ground to stand on. You will need documentation, witnesses, photos, and anything else pertaining to your case ready to present to your attorney. These could end up bringing undesired attention to you and your family, so you had better prepare your family for the shock. Make sure everyone is on the same page with you. Never! Never! Never keep anything from your attorney, because they need to know everything about your case. Any deception could haunt you.

Personal cases are much more subdued. These cases can generally be handled in smaller claims courts and will not present you with the tense situations mentioned above. Of course, you are going to have frayed relations with the party you are suing. So, you never know what that party will try. Desperate people do attempt desperate measures. These cases are typically related to someone refusing to pay something you feel they should. When you think you know you are in the right and they are wrong, then you would get an attorney's advice on how to approach and fix the situation.

Results can and will vary. If the courts find favor with you, then things could work out fine. Unless, you just cost people their jobs. If you end up costing someone their career, you may need to change your phone numbers and probably move. It usually takes a while for you to get your money, so do not expect quick compensation. If the judge finds fault with you, you could end up paying all the court costs and will have spent all that money, on your representation, for nothing. At the worst, you could end up in jail.

As you can see, a lawsuit is not always the best answer. You should always consult an attorney, if you have any doubts or questions. They will tell you whether you have a case or not.

Published by Ron Lester

The eldest of three sons, I spent most of my youth travelling around the world with my family. Later join the Army, serving in the JAG corps. Spent many years trying to discover myself. Now, I spend m...  View profile

1 Comments

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  • Sherri Granato5/9/2007

    Excellent topic and wonderfully written. You have covered all of the basis.

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