Are you going to sue someone? You’re far from alone: according to recent statistics, there were over 286,000 civil lawsuits in the USA in 2019.
While suing someone is far from rare in this country, few people understand the process completely. In this guide, we’re going to take a look at what suing somebody involves, and some facts that you might not know about suing someone.
Wondering whether lawyers will take on every case or what a great case looks like? Then read on!
1. Lawyers Won’t Take On Small Civil Cases
Lawyers are professionals and they need a strong financial incentive to take a case on. If the case is small-time and it would cost them more than they’d make from the case, then there’s very little incentive for them to take the case on.
The funding process requires the potential of a large settlement, and if there’s no chance of that, a lawyer won’t take on your case.
2. The Burden of Proof Is On You
You may have seen someone cause damage to your home, you may not have received the goods that you paid for, but if you can’t prove that you’ve been wronged, you won’t be able to win your case.
In a civil case, the burden of proof is on you. You need to be able to prove that the other person did the thing that you’re accusing them of.
Do you have a copy of the contract that they voided? Do you have a video of someone damaging your property? If you don’t have these things, proving your case will be very difficult.
Your eyewitness account means nothing without supporting evidence. Think about the proof that you have before you try to sue someone.
3. Can You Afford a Lawyer?
Before you head to your local lawyer and enlist their services, make sure that you can actually afford them. Lawyers aren’t cheap and if you run out of funds part way through a trial, the lawyer won’t stick around.
Always make sure that you have all the necessary funds that you need before you start a civil lawsuit.
4. Can the Other Party Afford a Settlement?
If you sue someone and they can’t afford to pay the settlement, you won’t get one. The court can’t magic money out of thin air, and if the other party has filed for bankruptcy, they can’t be compelled to pay you the settlement.
All that you’ll get from the case will be a sense of satisfaction that you were right. Is that worth the legal fees?
5. Have You Sent a Final Demand?
You may not even need to sue. Sending someone a final demand and threatening them with legal action may be enough for them to settle the matter with you. Always send a final demand before you take someone to court.
Think Carefully Before Suing Someone
While suing someone may give you the outcome that you want, you need to understand how the system works. We hope that you now feel a lot more informed about what suing someone actually involves.
Always carefully consider your options before launching a lawsuit.
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