Tips
Filing a Lawsuit - Points to Remember
There are certain things that you need to consider while planning to file a lawsuit in court.
First of all, you should be calm before filing any lawsuit; you must sit down and carefully think about filing a lawsuit. You must be able to answer a few questions before filing a lawsuit.
You should ask yourself and your legal adviser if you have a good case.
Further, you have to try for settlement or Mediation; if you would be happy with Mediation and settlement, you need not file a lawsuit.
Eventually, you should assume if you do win your lawsuit, you will be contented to collect any form of judgment.
To proceed, you should carefully think about these three questions. If you come up without any answer, you may refrain from filing a lawsuit.
Do you have a good case?
Every lawsuit must fill the component of the legally required element. To ensure a plaintiff has a good case, he will need to check a list of features and make sure he can satisfy and prove each element.
Depending upon your lawsuit's cause of action, there are different elements and points you have to prove. To be successful, plaintiffs have to examine and verify each one.
The following examples illustrate the points mentioned above.
1. Breach of Contract
A hired a contractor to renovate his shop and paid advance money to a contractor. Instead of starting the work, the contractor flew and took other work. A did not receive the money which he had paid to the contractor. A decided to file a lawsuit against the contractor stating that he has broken the contract.
Now A has to prove all the elements for the breach of the contract given below.
-Valid contract
To start a breach of contract suit, it must show the existence of a valid contract between A and the Contractor.
If A has a written contract signed by both parties, then A can proceed with the case. However, if A has only a mere oral agreement with the Contractor, it is difficult for A to prove the case's existence.
It is evident that if A wants to win a breach of contract suit, then A must prove that the Contractor was breached. The Contractor did not fulfill his obligations in this case.
Therefore, A will need to show that the Contractor did not renovate the shop.
-Damage
In case of damage, you must be able to prove economic damage. For example, in this situation, A needs to hire another contractor to complete a job that the first Contractor left unfinished.
You may be interested in: FACTORS TO BE CONSIDERED BEFORE PURSUING A CIVIL LAWSUIT
2. Negligence leading to personal injury
Suppose someone's negligent action has injured another person. To succeed in a personal injury suit, the injured person has to show these elements:
-Duty
While we are talking about negligence, a question always comes to our mind, "Did the defendant owe a duty to take care of the plaintiff?". Duties are obligations that are recognized by law. For example, the Doctor must safely conduct an operation on his patient, so that he does not put his life in danger.
-Duty to take care
After understanding duty, one must find whether the defendant breached the task or not. To prove the defendant's negligence, the injured person has to show that the defendant acted carelessly.
-Damage
The injured person has to prove damage in personal injury, for example, medical bills, as well as the damage for pain and suffering caused by the injury.
3. Settlement and Mediation
Although you may complete all the essential elements of your case, you might still have no time to file a lawsuit in court.
Mostly, the percentage of cases and controversies are settled before reaching the court of law.
The best way to solve any problem is to sit down with the other party and talk about the issue. You may see the result without reaching out to a court of law.
Meanwhile, in recent times, Mediation has become quite prevalent in our society; you may find free mediation centers in many cities. In these types of settlements, a third-party law sits with both parties and suggests ways to solve the problem.
You should always try Mediation before reaching the court; many courts allow parties to mediate before filing a lawsuit.
It is essential to know the situation and status of your case. If you can get your compensation without filing a lawsuit, you can go for a settlement. It will save you time and allow you to rebuild your relationship.
If settlement fails, you must file a lawsuit before the court and ensure that your case matches the above-mentioned criteria. Before filing a claim, you must hire a lawyer who has proper knowledge of the law.