3 Considerations to Make Before Deciding to Sue

3 Considerations to Make Before Deciding to Sue

| Sep 10, 2015 | U.S. Private and Emerging Business |


1. Determine if Your Rights Have Been Violated.
The decision to do so should never be an emotional one. It should be carefully thought out after weighing all of your options. If after careful review of your situation, you have determined that your rights have been violated, you should talk to an attorney who can provide you an analysis of your legal matter. A business lawyer will be able to help you determine if litigation is the best course of action for your case, or if there is another option that would be better suited to your individual issue.

2. Calculate Your Total Investment.
Legal counsel for business litigation is often a significant business investment, so it is important to make sure you are prepared to move forward. You will want to calculate the cost and make sure the result will make the investment worthwhile.

Before contacting a business litigation attorney, you should determine if your loss will exceed the cost of legal counsel. If you are suing for a small amount, you may find that litigation is not worth the amount you will spend to pursue the matter. If the amount in controversy is substantial, then litigation is more likely to make sense. Regardless of the amount in controversy, legal counsel can work with you to negotiate a settlement or utilize pre-litigation procedures.

If you are prepared to defend yourself and believe that you have not violated the rights of other party, it may make more legal sense to wait and allow the opposing party to bring their claim against you. A business litigation attorney will be able to advise you on how to sue a business or if allowing the opposing party to bring suit against you would be a better alternative.

3. Exhaust All of Your Non-Litigation Options
After exhausting all non-litigation options without a resolution, you may have no other option except to sue. However, when possible and practical you should contact the opposing party directly to resolve the matter. If the opposing party is a business, another option is to use a consumer website which will allow you to file a complaint with various agencies including the Better Business Bureau. If you are a consumer who has been wronged, as opposed to a business, you may also choose to appeal to state authorities such as the Office of the State Attorney General. The Bureau of Workman’s

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Compensation can assist you if your claim is work related, such as being injured on the job. There are various other agencies throughout a State that may be able to advise or assist you with your legal situation. B

Before you decide to sue, you must first determine what you can sue for. Is it a work place injury or a breach of contract? Have you suffered damages and if so what types of damages did you suffer?

A business lawyer can help you determine what losses you have suffered as well as how employers can defend these types of claims.

When determining if it is time to sue, consider whether your rights been violated, have you suffered a loss that exceeds the cost of legal counsel, and have you exhausted all non-litigation options? If you can answer yes to these questions, then it is time to contact a business lawyer to help you resolve your legal matter.

DISCLAIMER: The information contained herein is not intended to be specific legal advice for your particular situation. It is meant to provide general information on the changing landscape of the law. You are encouraged to contact legal counsel for legal advice specific to your particular legal situation.