6 Essential Considerations In Preparation Before Filing A Lawsuit

6 Essential Considerations In Preparation Before Filing A Lawsuit
  • Opening Intro -

    A lawsuit is not a walk in the park, no matter its type and duration.

    It is a process that requires reasonable investment of time, finances, expertise and other resources.

    It is also emotionally draining, as it is a rollercoaster experience at its every stage.

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The following are some steps to consider before filing any lawsuit;

Evaluate your case

Take time to critically evaluate the facts that you have, which will be the basis of your lawsuit, as they will be the major determinants to winning the suit.

However, winning is a great outcome to you, but you also have to weigh the consequences of the lawsuit. There is an equal chance of losing the case, but more to this, weigh whether the lawsuit is worth taking in terms of the time taken, the financial stress and the energy demands of the lawsuit.

Consider your evidence

If you are anticipating filing a lawsuit, then start preparing the evidence that is in your possession, documenting it, indicating why it is important and how it impacts your case. If the evidence is not in your possession or you cannot obtain it, indicate so too.

Preservation of the evidence is also very important to ensure it is not damaged or defaced such that it is inadmissible in court. Preservation methods may include storage, recording with photos, videos and verification by an attorney among others.

Consider your witnesses

As much as having credible evidence is crucial, it is equally important to have firsthand occurrence witnesses who will back your case by detailing how the events of the case occurred. Determine if they are conversant with the facts you are presenting and whether they will be willing to testify in your case.

In the instance that the witnesses are unwilling to testify or cannot make it to the courts, you can request them to record their testimony with an attorney or a judge, and sign an affidavit.

Consider the cost

It is common knowledge that lawsuits are pretty expensive and time consuming, but you need to determine the actual cost- in figures, which you will incur. Consider the legal and attorney fees and any other litigation-related fees and charges. With this determination, you are able to evaluate whether you have the finances, resources and support mechanisms to cover the costs.

Consider any counter suits

In many instances, there are countersuits arising before the original lawsuit is even concluded. In such instances, it is important to consider any countersuits that may arise because such double the cost of time, finances, resources, energies, etc., which litigants will have to commit in the lawsuits.

Consider your timeliness

Depending on your type of lawsuit, it is important to check out the statutes of limitations of your jurisdiction to know the time period within which you are required to file the lawsuit. This is important to know because any delay in filing within the stipulated timeframe, your lawsuit will be dismissed.

It is important to take time to seriously prepare before filing your lawsuit. This is necessary to ensure you are ready to take on the process and maybe even guarantee yourself to win the lawsuit.

 
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