You have been involved in an accident and you are upset. You are having trouble sleeping and your neck hurts. As you lay awake all night, many thoughts fly around your mind, mainly the idea of filing a lawsuit. However, in the light of day, you realize that hiring a lawyer may not be that easy nor appearing in court as appealing. How can you decide if filing a lawsuit is what is needed now?
What You Need To Know Before Filing A Lawsuit
Before rushing out and getting a lawyer to file a lawsuit for you, take a moment to think about what happened and ask yourself the following questions:
Do you have a good case?
No matter how good your case instinctively appears to you, you must be able to answer questions like the following before moving forward:
- Did a valid contract exist between you and the other party?
- Does the defendant owe a duty to you?
- Did you hold up your end of the contract?
- Was the contract breached? Did the other party not do what they promised to do?
- Can you show that it was because of the defendant’s actions that you were injured?
- Are there economic damages?
Settlement and Mediation
Even if you have answered all of the above and more, even if you are sure that nobody would doubt that you deserve compensation for your injuries, you should know that a great number of cases and disagreements are settled through mediation and never reach a court. Many times, the best result can be reached by simply talking to the other party and coming to a mutually satisfying solution.
Through mediation, you can have a neutral third party sit with you and listen to both sides of the issue. In many cities, you can even find free or low-cost mediation services that will arbitrate your dispute and prevent you from ever having to end up in court or incurring unnecessary expenses.
Who Are You Going To Sue?
The idea of ending with bags full of money is very romantic and may have appeared in some movies. However, reality can be very far from that picture. Do you know the person that you are trying to sue well enough to grasp their financial situation? What is the point of going after someone that clearly has no ability to pay?
You should also know that even if you do end up in court and the judge files in your favor, you may still have trouble collecting. Do you want to have to go to the sheriff’s office to enlist their help?
What About The Cost?
If your attorney works on a contingency basis, you may be confident that you will not have to incur any costs when suing someone. But, have you considered the court costs? These can range from about $100 to $500, depending on the court and on whether there is a jury involved or a judge. Also, depositions can cost up to $500 each, depending on the witness, plus transcription fees and court reporter. IF you add to that expert witness fees (which can run in the thousands), you may want to reconsider your decision.
That is why you should enlist the services of a San Diego Personal Injury Lawyer to help you negotiate a good settlement and explain all available options to you.
