The United States is the land of the free, and with this freedom comes the right to justice and equality. This is why the country receives 40 million lawsuits every year, higher than any country in the world. Furthermore, about a million lawyers are tasked to handle these lawsuits, and as you can see, they are quite outnumbered.
If you’re someone who’s looking to file legal action against some entity or some person, it’s better that you think ahead. Maybe it’s better to settle it between the two of you, considering that it takes a long time for court filings to finish before any hearing is done. It’s also good to remind yourself that millions of lawsuits are filed every year, and only a million lawyers handle them.
By filing a lawsuit, you’re already clogging the justice system for yourself and other people. Once you’ve considered these possibilities, and your answer is still to file a lawsuit, here are some things you need to know before you do it.
You Can Lose a Lot From a Lawsuit
Right now, you might think that you won’t lose a lot against someone in a hearing. In some cases, that might be true, especially if your hearing is a done deal. If you have an overwhelming amount of evidence against the defendant and get a good lawyer, you will likely win the case. However, this is in a perfect world, where you have control over every single variable. Court hearings are messy, no matter the kind, and there is always a chance for you to lose so much than what you expected.
As per Forbes Advisor, the things you can lose in a lawsuit are your car, life savings, and potentially your home. If you still can’t pay for the things you owe after losing a lawsuit, you’ll probably give everything else you own. In most cases, they won’t go for these assets directly, especially if you have insurance. They’ll most probably go for your insurance first, and if that would suffice, they’ll go for any other assets you might have aside for your personal assets. So your personal assets would only be taken once you have nothing left.
As you can see, there is a lot you can lose from a lawsuit, and right now, you might think that you’re righteous for filing legal action on someone. But once you’re out there, in court, everything is fair game.
Ask Yourself, Is it a Good Case?
The reality is that you can’t just file any case regarding all the injustice in the world. You can’t file a breach of contract on a contractor that built the greenhouse in your home but has done a poor job at it. You also can’t file a lawsuit against McDonald’s simply because you got burnt by the coffee they served you the same way this old lady did.
A good case is more than just what meets the eye. There are many factors involved in a case, all of which will be discovered in the hearing. Many of these things are external factors and variables that you might not have taken into account. Sometimes there is a lack of these external factors, but that is not a good case.
It’s time to ask yourself and eventually your lawyer if it is a good case. Consider all the factors involved and what makes it a worthwhile thing to do. Think of it as a big project that will determine many things that will happen in your life. Once you’ve considered this, it’s time to consult your lawyer. If you both agree, then it’s time for you to file that lawsuit.
Look for Alternatives
40 million lawsuits are filed by Americans every year. There are millions more out there that are settled out of court. Alternatives are so much cheaper than a lawsuit, and you don’t get to lose as much as you would in court. What exactly are these alternatives?
A Personal Agreement
The thing is that you can generally have a personal agreement regarding you and the defendant. This is based upon mutual understanding. You can ask them to pay for damages instead of going to court or asking them to do the necessary repairs for something they might have damaged. It will be so much cheaper for you and for the defendant to do this. Furthermore, it saves so much more of your time.
You can always hire a mediator to handle the case for you out of court. Mediators can help you and the defendant to find a good common ground for you to work on. If a personal agreement fails, consider doing this instead.
With these ideas in mind, you can ensure that you know what to do when filing a lawsuit. You don’t have to step in blindly when going through the process.