A Few Things to Consider Before Litigation

Photo by Sora Shimazaki from Pexels

You have had a business deal that went sour, and your business partner doesn’t appear to be doing the right thing to resolve the differences amicably.

Of course, you are considering litigation as a way to resolve the conflicts in a timely and effective manner.

Before you file a case in a court of law, some factors need to be considered so you don’t end up becoming the victim when you should have been the victor.

Here are some of the things to know before filing a lawsuit:


1. What is Your Chance of Winning

Unless you are filing a lawsuit/civil action against a stone or inanimate object (which is not possible anyway); your major consideration is the possibility of winning the lawsuit.

That implies that you need to evaluate your chances of winning the lawsuit if you eventually file it.

There are different ways to evaluate that, and that includes:

  • You have suffered a legal wrong, which from all indications, can only be resolved by a court of law.
  • Satisfying evidence that proves you were wronged.

The rule of thumb is that your chances of winning a lawsuit are higher if you have nothing standing in your way of pursuing legal action or making your claim.


2. Privacy Breaches

For a case to be brought before a court of law, it means that you must have tried all you could to resolve it amicably without third-party interference.

In most cases, filing a lawsuit could trigger privacy breaches if the details of the business transactions would be in the public domain.

For example, you may have made some transactions that you considered private. Pursuing legal action could lead to the publicity of those damaging details that you never wanted out in the public domain.

Therefore, you want to be sure that you are ready to bear the consequences of the publicity that the lawsuit will attract.

Otherwise, you want to opt for an out-of-court settlement to resolve the conflicts.


3. Consider What You Hope to Gain

One of the most important factors to consider before filing a case in court is the likely outcome of the litigation.

Of course, you had an aim for pursuing legal action as a way of resolving the conflict. So, you need to satisfy yourself that the jury would, after examining the evidence(s), adjudge the case to your favor.

So, what do you hope to gain from the lawsuit? Is it to be paid a certain amount of money? Do you hope that the court would compel the defendant to fulfill the breached contract according to the terms you demanded?

Whatever expectation you want to get at the end of the lawsuit, it is up to you to keep it in mind on time and to make conscious efforts to win the case.

For increased chances of winning the legal action, consider hiring the services of expert litigation lawyers who would hold briefs for you, and ensure that the outcome of the lawsuit is in your favor.


4. How Much Time are You Willing to Spend on the Case?

Contrary to popular belief that defendants would spend more time, it doesn’t work that way.

Instead, both you and the defendant would commit more time to pursue and defend the case in court.

Hence, the time you are willing to commit or spend on the case is another factor to consider before commencing a civil action.

If you don’t have all the time in the world, and you have other businesses to attend to, it wouldn’t be in your best interest to look for other ways to resolve the conflict.


5. Consider the Adverse Effects of Civil Action

We must mention that filing for litigation is mostly for personal interests, such as protecting your business and assets from losing more value.

Thus, you need to be prepared for the adverse consequences based on the outcome of the lawsuit.

For example, if you are filing a case in court against your business partner, one of the likely adverse consequences is that you may both have to go separate ways.

So, if you are not ready to lose your business partner’s commitment because of the legal action, it would be wise to withdraw the case and settle out of court.


Consult Your Lawyer before Litigation

The general rule is that your lawyer must be intimated of the legal actions you are about to take.

Ensure that you lay all your cards on the table, including your pieces of evidence to win the case and your fears if the civil action doesn’t favor you.

In all, with the help of expert lawyers versed in litigation, you will win the case.

Similar Posts