I’m a Lawyer: Here’s What To Do If You Need To Sue Someone
Written by
Nicole Spector
Edited by
Gary Dudak
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Let’s say you’ve been wronged by someone in a way that negatively impacts your finances. Maybe someone crashed into your car, vandalized your property, or didn’t pay you their share of rent. The list goes on. So, what do you do? Well, you could sit around and feel bad about it — or, you could sue them.
It won’t be easy, of course. There’s a really involved process if you want to embark on litigation. To get to the bottom of this matter, GOBankingRates consulted with a couple lawyers to understand what you must do if you need to sue someone. Here are nine tips from our experts.
Get To Know the Legal Process
Lawyer Michael Epstein of the Epstein Law Firm, a personal injury law firm in New Jersey, encourages anyone who needs to sue someone to get to know — as deeply as possible — the processes around litigation as it applies to your case.
“Familiarize yourself with the steps involved in filing a lawsuit,” Epstein said. “This includes knowledge of relevant laws, court procedures and alternative dispute resolution options.”
Gather Evidence
Got any relevant pics, texts, receipts, social media posts or other potential evidence you can use to support the necessity of a lawsuit? Gather it all and make copies.
“Collect all pertinent evidence to support your case,” Epstein said. “This may involve documents, photographs, witness statements and any other proof of the harm or loss you’ve experienced.”
Evaluate Your Case
Though tempting to jump right into litigation, take pause and get objective about your odds of winning.
“Before taking legal action, realistically assess the strength of your case,” Epstein said. “Determine if you have a solid legal foundation and whether the potential outcomes justify the time and cost involved.”
Assess the Defendant’s Financial Capability
Are you trying to get water out of a rock? Try to determine ahead of time that the person you want to sue even has the money you’re seeking — or any money at all.
“Consider whether the person or entity you plan to sue has the financial means to satisfy a judgment if you prevail,” Epstein said.
Calculate Damages
How much, exactly, did you lose in dollars? What’s the final sum? Figure this number out.
“Assess the full extent of your damages, encompassing financial losses, medical expenses, property damage and other relevant costs,” Epstein said. “This aids in understanding the potential value of your case.”
Consider the Costs and Risks
No matter how certain you are that you have been wronged and deserve monetary compensation from the party who wronged you, you can’t expect the justice system to necessarily support you. Just getting the system to consider your case can be a costly endeavor.
“Evaluate the potential costs and risks associated with pursuing a lawsuit, including legal fees, court costs and the chance of an unfavorable outcome,” Epstein said. “Make an informed decision based on a realistic assessment of the situation.”
Consider Alternative Dispute Resolution
Sometimes it can be more cost- and time-effective to take your matter out of the courtroom.
“Explore alternatives to resolving the dispute outside of court, such as mediation or arbitration,” Epstein said. “These methods can be quicker and less costly than a traditional lawsuit.”
Do Not Turn to Social Media for Answers
Social media platforms are brimming with people who have all kinds of problems (including legal ones), and there is no shortage of “experts” sharing their best advice on how to carry out a lawsuit. But beware! Social media is not where you should go for answers.
“In most cases, shutting down your social media accounts, at least temporarily, may be the prudent choice,” said John Wood, founding attorney at Grant Park Legal Advisors, who added that you should never discuss your legal matters online.
“Never discuss your legal matters online; even if you think it is private, it can be discovered, and the opposing side may make you produce it through the discovery process even if you later delete it,” he said.
Seek Expert Legal Advice From Reputable Lawyers
Arguably the most important thing you can do as soon as you even start thinking about suing someone is to consult a qualified attorney.
This is necessary in order to “understand your legal rights, assess your case’s strength, and explore potential outcomes,” Epstein said. He added, “A skilled and experienced attorney can guide you on the best course of action and represent you in court if you decide to sue.”
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