When Should I File a Lawsuit?

If you’ve been the victim of a crime or been in a serious altercation or dispute, you might be wondering, “When should I file a lawsuit?” You want to protect yourself, your assets, and your rights. However, you also want to be certain you’re taking the proper steps to make sure you have the best chance of winning your case.

Some things to clarify before filing a lawsuit include:

• Whether suing someone is necessary for your situation
• With whom to file the lawsuit
• How to file the paperwork
• What is involved after filing the lawsuit

You first need to decide if you have a solid case. Many lawsuits have to do with a person or company failing to hold up their end of a contractual bargain and resulting in monetary losses, personal injury, or wrongful death. When you bring your situation forward to an attorney, they’ll ask you some questions to determine whether your case has the legally required elements to be able to move forward.

These include:

• Contract formation – Most lawsuits go forward if someone has broken a contract or failure to maintain safety standards. Typically, these are written agreements, but you could also show proof that you had an enforceable spoken or implied contract.
• Performance – You have to prove that your part of the action was necessary under the terms of a legally binding contract. If you’ve followed your role to the letter of the law, then you should be in a good position to file.
• Breach – Next, you need to show that the party you’re suing failed to meet their part of the contract.
• Damages – Finally, you have to prove that you suffered physical or economic damages because the other party failed to comply with their contractual obligations or failure to hold to safety standards.

You should also work with a lawyer to determine if your case can be settled without suing since this will get you your collection faster and more easily. You also need to ensure that the party you want to file a claim against is solvent, meaning that they can pay you what you deserve. Your attorneys can also help you ensure that your case is within the statute of limitations for your state and type of case.

Grewer Law Group has extensive experience in not only winning cases but in helping clients decide if their situation is likely to result in a winning outcome. Reach out to us today for a free consultation.