To sue, or not to sue?

[Gandalf]

Society has become increasingly litigious. This is not being said to scare you; it may be something you need to deal with in the future.

To determine if a lawsuit is worthwhile, ask yourself:

* What’s the damage? Identify the damage, and confirm that the party you want to sue caused it?

* Is the damage significant enough to justify a lawsuit?

* What are the alternatives? Mediation costs less and takes less time than litigation.

* Time may be of the essence. Am I willing to put several years of time, effort and money into a lawsuit – even though I might lose?

* Do I have a very strong case?

* What are the consequences if I win? Or if I lose?

Here are a few other things you need to ask your lawyer if you do decide to sue:

* Is my case as strong as I think it is?

* Is there anything I’m missing?

* Even if I feel I’m right, is the law on my side?

* How will a jury see the case?

* Will the settlement exceed the cost of bringing the lawsuit?

[franke1]

Often the cost of the litigation is higher than the results acahieved. A lot of time gets spent doing this and the only one who makes money out of this is the lawyer on both sides.

[DoctorLight]

One side of this that I didn't notice being discussed here is that many personal injury lawyers are available to work on a contingency fee basis as well. Which means that in that situation their client wouldn't pay them unless they win their case. Afterward they would only have to pay an average 38% of their monetary recovery. (the money they get if they win their case) Considering that many such clients would be unable to bring forth a civil action on their own, this is a fairly reasonable arrangement.

Typically, lawyers working on a contingency fee basis don't prefer to take cases in which "..the settlement exceed the cost of bringing the lawsuit?", as Gandalf and later franke1 had mentioned, or in other words, cases that would cost more money to win that would potentially be gained from them. Often times, personal injury lawyers prefer to pay a physician to evaluate cases first, in order to decide if they have merit.

Another factor to consider is the statute of limitations. This is the time frame or limit that the party who feels as though they have been wronged (injured, car damaged, lost money. etc.) has to file a civil suit. It varies from state to state.

Often times it is also valuable to get a second opinion if one lawyer or potential expert witness feels as though your case is without merit, another one may feel differently. :)

Here is a good web site for anyone that feels as though they may very well have a meritous potential civil suit: http://wwwl.lawyersandsettlements.com