When you’ve been harmed or wronged in some way by another person or business, you may have many good reasons for filing a lawsuit here in California. You may be motivated by the desire to hold the wrongdoer accountable for his or her actions, to be compensated for your losses and injuries, or to help prevent others from suffering similar harms. Even so, there’s much more to consider before heading to court.
First of all, do you have a viable case? Will the other party have a good defense? To win a lawsuit, you need to prove that the legal requirements of your claim or claims are met. That’s why every case must be carefully researched to identify exactly what needs to be proven to establish your legal basis for suing the defendant, and to assess whether you’ll have enough evidence to do so. As a quick example, consider the basics of a negligence case. To hold someone responsible for harm caused by his or her carelessness, you must prove that this person owed you a duty to exercise reasonable care, he or she failed to live up to this standard (breach), this conduct was the cause of your harm and was foreseeable, and you suffered actual damages. To establish each of these general requirements, more detailed rules come into play depending on the facts of your case.
Your decision to sue also depends on whether you can prove what kind of damages you have and the amounts of those damages. Based on the facts and what the law allows for, how much will you be likely to hold the defendant responsible for, and is this worth the time and expense you’ll be putting into a case? Some losses are easier to calculate and prove than others, and it may be necessary to have experts testify about your injury or economic loss. If you’re not asking the court for money, say you want an injunction, then you’ll evaluate the cost of pursuing the lawsuit compared to the benefit and chances of getting the court order.
Beyond your chances of winning, also think about who you’ll be suing. If you have a business or personal relationship with the would-be defendant, then consider how serious the harm you’ve suffered is and how your relationship could be affected. Then you can decide whether the lawsuit is worth filing in light of that risk. Next, analyze the defendant for a completely different reason: If you win your lawsuit, what’s the likelihood that you’ll get paid? Some businesses and individuals have substantial assets and money that can be collected against. On the other hand, you may be stuck with the beloved “judgment proof” defendant who has nothing, and as everyone knows, you can’t get money out of an empty pocket. If you can’t collect right away, decide whether you’re willing to renew your judgment before it expires, so you can try to recover the rest of the money owed later on.
With years of experience, we can provide you with the legal advice you’ll need to decide whether to sue. We’ll also advise you on other options for resolving your dispute, including mediation and arbitration, which can potentially be less costly and quicker than litigation. Our objective is always to find the best way to advance your individual or business interests, and we’ll evaluate the prospects of resolving your case through these methods or through settlement. Have your case skillfully handled by San Diego Law Firm’s attorneys by contacting us at (619) 794-0243.
