Should I File a Lawsuit?

In our legal system, it is possible to sue anybody for anything. That doesn’t mean that you’ll win, of course, and every day frivolous lawsuits are filed that don’t stand a chance. Clearly, some individuals are too quick to file a suit.

On the other hand, other people and businesses may be reluctant to file a lawsuit – even when the lawsuit offers the best route to addressing their concerns.

Today, we present three questions to help you determine whether or not to file a lawsuit. If you’d like to discuss your specific situation, please give us a call at (305) 431-5678 today.

Are There Alternatives?

The reality is lawsuits often take a significant amount of time and money. Even small claims courts can take weeks or months to hear your case. For many situations, it may be better to seek out a professional mediator to try to get to the root of the problem. You may be able to resolve your disagreement by simply talking it through in good faith. Take some time to look for any other solutions before you jump right to the courts.

What are the Costs of the Lawsuit?

In many cases, a suit can cost thousands of dollars in court costs and legal fees. Make sure you balance these costs against the potential payout that you may get in the end. (More on that in a moment.) It’s important that you have a realistic understanding of the costs and amount of time that may be involved. In addition, remember that lawsuits become part of the public record and consider other costs, such as potential damage to your reputation or your business.

What are the Likely Outcomes of the Lawsuit?

What are your chances of winning the lawsuit, and what are you likely to win? Will the judgment cover your costs and your time spent, and still leave enough to be worth the risk and the trouble? It’s important that you have an attorney that you trust to give you an honest assessment of your prospects. Unfortunately, there are lawyers out there who will paint an unrealistically rosy picture in order to win your business. Seek a second opinion if you have any reason for concern.

If you’re considering a lawsuit, we would be happy to help you evaluate your case and determine whether or not it makes sense to go forward with litigation. Please contact us today to learn more!

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Written by Brett Trembly

Brett Trembly

In the South Florida legal community, Brett sits on the Board of the South Miami Kendall Bar Association, the Florida Bar 11th Circuit Grievance Committee, volunteers on the Florida Bar Young Lawyers Division Mentoring Program, the Dade-County Bar Associations Rainmakers Committee, and annually volunteers for Miami-Dade County’s Ethical Governance Day.