5 Questions To Consider Before Going To Court.
Is my case strong enough? – This is an honest question that anyone looking to institute an action in court must ask themselves. This takes an honest assessment. For example in a contractual case, questions must be asked on whether or not there was a binding contract which could be written or oral. Whether there has been a performance of the contract on the part of the person who wants to sue. The party suing must be able to show that the other party has indeed breached the contract and lastly that he has suffered an economic loss by reason of the other party’s breach of contract.
Will I be okay with alternative dispute resolution mechanisms? – Asides litigation, there are other dispute resolution mechanisms such as mediation that can be mutually beneficial to both parties. Anyone intending to go to court must ask themselves if other dispute resolution mechanisms will be just fine for them. We have had several contentious disputes resolved by ADR so a person must be open minded. However, if the answer is in the negative then you can proceed to court.
Can I get paid or obtain rulings if I win? – This is a very important question which the party suing must answer honestly. More often than not judgements have been delivered, where a party is entitled to certain obligations from the other party but the judgement creditor is unable to reap the fruits of the judgment. Any one suing must consult their lawyers and think this factor through.
Do I have the Time? – This is also very important. Litigation, sometimes, takes time. Hence,, the suing party must ask themselves if they are willing to dedicate the time and attention required to the case.
Do I want this to be on public record? – Not everyone likes attention. A very good question you should ask yourself before instituting that matter in court is whether or not you want it to be in the public domain. This is because once it gets to the court, it becomes public.
If you are thinking of suing someone personally or on behalf of your business, it will be best you get a frank case review from your lawyers so that they can recommend the best course of action for your unique set of circumstances.
Visit our website for more details and follow us on our social media handles for news updates and informative articles.
Credit – Bethany K. Lawrence, when should you sue? https://www.nolo.com/legal-encyclopedia/when-should-you-sue-29900.html
Credit – Brett Trembly, 8 factors to consider before filing a lawsuit. https://www.linkedin.com/pulse/8-factors-consider-before-filing-lawsuit-brett-trembly
