Should You Sue? Tips for Civil Suits and Legal Action

My father has always been the threatening type. When McDonald's forgets to put ketchup packets in the bag, he calls to complain and threatens to sue, which is, of course, ridiculous. There are lots of people in this world whom I like to call "Court-Happy," who like to threaten legal action at the drop of a hat. Usually, they are just blowing smoke, and their threat isn't taken very seriously.

This has caused quite a problem for people who are actually taken advantage of, and who would benefit from a law suit to recover damages. Often, the threat of a lawsuit is met with the retort, "Go ahead! Sue me!" because business owners and shady dealers don't really believe the case will ever see the inside of a courtroom. So if you've been involved with a scam artist, don't be surprised when you hear that response.

There are times to sue, however, and there are times when you should just let the matter drop. Lawsuits involve money, lawyers, emotional highs, and sometimes-disappointing outcomes. The result of a lawsuit is not necessarily determined by what is right, but rather by what can be proven. If your case is not strong enough to support the burden of proof, then you might as well just chalk it up to a learning experience.

Civil suits are not built like criminal cases. As the plaintiff, you are not required to prove motive, intent, or that your testimony is true beyond a reasonable doubt. You simply have to prove that your case makes sense, and back it up with documents and pictures if possible. In that respect, civil suits are easier to win than criminal cases, and can be pursued with a lesser degree of preparation.

There are certain instances when a civil case will not be successful. Consider these elements before deciding to file a civil suit.

1. Did you suffer damages?

If you did not incur monetary or physical damages, then you do not have a case. Since the reward from a civil case is not jail time or probation or community service, but money, you have to prove that you are owed a particular sum before you can take someone to court.

For example, if you paid a contractor to landscape your yard, and the contractor failed to do his job, then you suffered monetary damages. You paid him the agreed-upon amount, and he didn't hold up his end of the bargain. In this instance, you are owed the money you gave him for a breach of contract.

On the other hand, if you hired a contractor to landscape your yard, and he was to be compensated after he finished the work, then you cannot sue him for failing to complete the job. If no money has exchanged hands, and the contractor simply failed to show up, then you have no case. You didn't suffer monetary damages; it was simply a waste of your time, which unfortunately is not recoverable in court.

2. Was there a written contract, agreement, receipt or promissory note signed prior to the exchange of money?

Some plaintiffs have won their case without the possession of a signed contract, but it is certainly rare. If you say that you gave someone money, and they say that they didn't, you have no way to prove that the money ever exchanged hands without a contract. Sometimes cancelled checks will serve as proof, but the reason for the check must be written in the "Memo" section, and this is not the best form of proof. Some judges will honor it; others will not.

If you pay in cash, especially, always have a contract. Even if the recipient is a close friend of yours for twenty years, you should never play games with money. If you expect to be paid back, get it in writing. If the money was for goods, get a receipt, and keep it filed away until you are sure you no longer need it.

3. Can you prove injury?

If the case involves personal injury, there must be a record of the injuries you incurred. Medical bills, doctor's notes, and prescription receipts should be kept in a file to be taken to court, or you have no way of proving that you were ever hurt.

If possible, take pictures of the injuries for your day in court so that you can illustrate the extent of the damage. In this case, pictures really are worth a thousand words.

4. Can you prove damages?

If one of your possessions was damaged - your car, for example, in an accident - do you have physical evidence of the damages? Take pictures of the dents and scrapes, and get an estimate from a legitimate body shop. If possible, get multiple estimates. Take those with you to court to prove that your property truly was damaged, and that it will cost a certain amount to have it fixed. If your car was totaled, obtain a quote from your insurance company that records how much the vehicle was worth at the time of the accident.

A judge won't award you the price of a new car for a ten-year-old vehicle.

5. The Big One - Pain & Suffering

This is one of the most obscure facets of civil suits, and is rarely won. In order to receive pain and suffering compensation, you must prove that the defendant maliciously intended to cause you pain. For example, if an ex-boyfriend has been stalking you for months, and you have requested a restraining order, and you have multiple police reports that illustrate a paper trail of his behavior, you might be awarded pain and suffering.

A judge will not, however, award pain and suffering to someone who is just simply angry and hurt. Everyone who comes to court is angry and hurt, and very few are awarded pain and suffering for their damages.