Do You Have a Case? Things You Need to Think About Before You Sue Someone
When you want to sue somebody, you need to go into it with the confidence that you are going to win. However, it can be difficult to determine whether you will win the case or not. Here are some things to consider before you sue someone.
How long ago was the incident?
There is something in law called a statute of limitations. The statute of limitations is the time you have to file a case against someone.
The statute of limitations varies from state to state and type of case. You need to make sure you are still within the statute of limitations in your state for your specific situation, or you don’t have a case.
What proof do you have?
Proof is everything in a court case. You need to prove your case against the other person. Not only do you need to prove damage, but you also need to prove that the fault lies in the person you are suing.
Talk to a civil litigation lawyer to learn more about who is responsible for your particular case.
Pictures or videos of the incident are both excellent pieces of evidence. You should also provide any documentation you have about the incident or its consequences.
For example, if there are any medical bills involved, you should have the proper documentation from the doctor’s office.
What is the actual damage worth?
People have a tendency to overestimate the amount owed to them in a case. Shoot big, but you should be mindful that the judge may not evaluate the same amount of damage.
Put into account that you need proof of the cost of things and that value depreciates with time. Make sure the damage is worth the court fees you’ll be paying.
Do they have any case for a counter-suit?
Think about your role in the situation very carefully. If you take this to court, you don’t want anything to come up that may go against you.
If you are found to actually be the one at fault, you will get stuck with all the damage plus the expense of going to court.
If the other party counter-sues for something you did to them, you may even end up owing them money at the end of the day.
Be as honest about the situation as possible with your lawyer to get the honest truth about what to expect.
When someone harms you physically or financially, you deserve restitution. That is why we have a court system to help people after people who did them wrong. Just make sure you have a case before you waste your time and money.
Category: Law