Ten Tips Before You File a Lawsuit

Filing a lawsuit should never been undertaken lightly. There are facets to lawsuits that many people don’t consider before heading to their local courthouse to file, and when the process actually starts, they find themselves lost. Because civil suits can be filed without the assistance of an attorney, most people forgo the expense of lawyer fees and do it themselves.

Before you run off to file your lawsuit, here are ten tips you should follow:

Before You File a Lawsuit: Ask Yourself if You Can Win

Often, lawsuits are filed in the heat of the moment, when anger is pumping through your veins in greater quantity than plasma. Step back for a moment and consider your case; can you win? Don’t waste your time and money on a case that could go either way.

Before You File a Lawsuit: Research the Law

Even if you have never undergone legal training of any kind, take time to research the theories of law under which your lawsuit will be filed. Does the law that governs your state or city support the claims you will make in court?

Before You File a Lawsuit: Collect Evidence

In a civil lawsuit, the plaintiff bears the burden of proof, which means that you must provide ample evidence to support your claims. In a criminal case, the defendant must prove his or her innocence, but this is not true of lawsuits. Take time to collect all of the necessary evidence to see if you can meet the burden of proof.

Before You File a Lawsuit: Contact Witnesses

Before you even begin to think of filing, contact all witnesses who could testify to your case and find out if they will be willing to appear. Hearsay is not admissible in civil suit cases, so they must be present to give testimony.

Before You File a Lawsuit: Evaluate Your State of Mind

Civil lawsuits might not seem stressful, but they are. Do you have the physical, emotional and mental capacity to see the lawsuit through? No amount of money or validation is worth your mental health, so be sure you are prepared to deal with the process.

Before You File a Lawsuit: Collect the Necessary Funds

Filing a lawsuit can be expensive, so determine how much money you will need to carry through the process. Make sure that you have the necessary funds for court costs and for attorney’s fees, if applicable.

Before You File a Lawsuit: Determine Whether a Countersuit will be Filed

Often, the defendant in a civil suit will countersue the plaintiff. Look over your case and try to determine whether they are likely to file a countersuit. If they are, make sure you are prepared to deal if they win.

Before You File a Lawsuit: Determine Whether You will be Able to Collect

Just because a judgment is entered in your favor does not mean that you will ever collect. Suing a person for one million dollars when their annual salary doesn’t exceed $20,000 means you won’t ever collect. It is erroneous to file a suit against someone who cannot meet their judgment.

Before You File a Lawsuit: Check Statutes of Limitations

There are statutes of limitations that govern all aspects of law, and if your lawsuit exceeds the time granted to file, you’ll be out of luck. The general statute on most civil suits is four years, but double check with your local government agency.

Before You File a Lawsuit: Make a Reasonable Attempt to Settle

Many states will not allow you to file a lawsuit until you have made reasonable attempt to settle with the defendant. The laws vary from state-to-state, but it is a good idea to contact the defendant at least three times before filing a lawsuit.