What You Need To Know Before Filing a Lawsuit

Written by on November 12, 2012 in Money - No comments | Print this page

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When you need to file a lawsuit, don’t go into it not knowing what the process is. There are a lot of things to consider when filing a lawsuit that a person should know before they do so. Many people file lawsuits out of anger and jump right into it but they shouldn’t. They should do a little research beforehand. Here is what you need to know before filing a lawsuit.

Can You Win?

Before jumping into that lawsuit out of anger, stop for a minute and consider your options. Do you think you will win or will there be a countersuit filed against you? Make sure you sit down and think about this before filing a lawsuit. It could go either way and you could end up on the losing side of the case.

Research the Law

Do you have legal experience? Even if you do, you should still do some research first. Make sure your city or county will support the claims you are going to be making in court for your lawsuit.

Collect Evidence

When it comes to being the plaintiff, you must make sure you have all of the evidence you will need to support your claim. This is especially true in civil matters. However, in criminal matters, the defendant will need to prove himself. This isn’t the case with lawsuits, however. You, the plaintiff, will need to have proof to support your claim.

Contact Witnesses

Make sure you contact your witnesses and ask them if they will testify on your behalf. Since hearsay is not allowed in civil cases you will need to have witnesses testify for you to help out with your case.

Check Your State of Mind

A civil lawsuit may not seem stressful, but it is. You will need to be sure your physical and mental health can get you through the process. No amount of money from a lawsuit is worth your health, so make sure you are ready to handle it.

Collect the Money You Need

Make sure you have all the money you need for the lawsuit. The attorney’s fees associated with filing a lawsuit can be fairly expensive.

Check the Statute of Limitations

Each state has a statute of limitations. You will need to check what yours are before even filing the lawsuit because if the statute of limitations has been exceeded, you are out of luck. Time is a considerable factor in filing a lawsuit.

Think About the Countersuit

Do you think there will be a countersuit filed against you? Do you think they will have enough evidence to support their claim, too? Think about this before going through the headache, because if you do find yourself being countersued, you might end up paying out instead of collecting anything.

Consider all of these options before filing the lawsuit. Don’t just jump into it because it is not as easy as you may think. Consider hiring an attorney as well to help you prove your case better and to ensure you win something.

This is a guest post.  Victoria Heckstall is a freelance writer and currently taking courses in the legal field. She covers a variety of topics such as rejuvenate stryker.

Image courtesy of Salvatore Vuono / FreeDigitalPhotos.net

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