It seems like people are suing (or getting sued) for all sorts of things these days. You’ve probably seen some crazy lawsuits make headlines and it might make you wonder how someone would even think to sue for such a thing. And what’s even crazier is that if you’re hearing about it, it’s probably because the person not only sued, but won.
While it’s true these things happen, it’s probably not a good idea to use these examples to conclude that filing a lawsuit is a good idea anytime you feel you’ve been on the wrong end of a deal. The reason these things make headlines is because they’re rare. Yes, filing a lawsuit may be the best course of action in your given situation but it is a long and costly process so you will want to have a good idea of what you’re in for before you take that route.
The first thing you’ll want to do is talk through the situation with an unbiased party. If you’re considering filing a lawsuit then chances are good you’ve found yourself in a really frustrating situation so having an objective opinion will help you separate the frustration from the facts.
A judge is not likely to respond to emotional arguments when considering a lawsuit so having a good grasp of the legal elements will be crucial. Consulting with an experienced and trustworthy attorney before filing a lawsuit will help you to know what those legal elements are and whether or not you have a good case.
Each lawsuit is different but the process for deciding whether to pursue one is the same. An attorney will first ascertain the cause of action, which is basically a list of the legally required elements that pertain to your given situation. Once you know these elements then it is usually pretty easy to figure out whether or not you have a good case.
If, for example, the dispute has arisen over a transaction then the first step is to figure out the terms of the contract. If you had a written contract then this is more straightforward (but often not as easy as you’d think). If the contract was oral then it can be a little trickier. Once the terms of the contract are established then you can determine whether or not a breach of that contract occurred and what damages resulted from the breach.
With all of the necessary legal elements laid out you will then be able to determine if filing a lawsuit is the right move. Even if you have a good case, however, it might still be advantageous to move toward arbitration or pursue a settlement. Don’t let the big dollar amounts you see in the news blind you to the reality of your own situation.
Call J. Cutler Law Today
At J. Cutler Law, we offer free consultations for you and your business. We can help you outline all the legally required elements pertinent to your situation and advise on the best course of action. Call us today for a free consultation at (801) 618-4469 or contact us online.