We are exploring the costs and benefits to filing a lawsuit in this seven-part series. We are exploring the costs and benefits to filing a lawsuit in this seven-part series. If you have not read parts 1, 2, 3, 4, 5, and 6 start here.
If you’ve stuck with this series, by now you’ve answered most of the tough questions. In this post, we’ll leave you with the upsides of going to court. Here are a few points that might demonstrate you are ready to file:
You Want to be Made Whole.
Sure, litigation is expensive. You have to consider the costs involved. But filing a lawsuit is just about the only way to make the other side take full responsibility. Without the pressure of a lawsuit, many defendants won’t take you seriously. Sometimes you need a court to make them fork over any real amount. This makes lawsuits superior to basically all the “other” options we discussed in part six. Bottom line, if you want a shot at money, and it is worth it to try, a lawsuit is the best bet.
You Want a Level Playing Field.
Our legal system is not without its problems. But bringing a case to a judge or jury is also one of the fairest ways to have your dispute heard. The same cannot be said of less formal avenues. For example, some forums may be skewed in favor of the other side, or basically set you up to fail. Filing a lawsuit puts power back in your corner. Depending on your case, you may have a better chance in federal court v. state court. A lawyer can help you determine which court is most advantageous.
You Want Accountability.
Lawsuits are serious business. Filing one makes people stand up and take notice. A lawsuit is one of the best ways to make the other side take you seriously. They shed light on worthy causes. And when successful, they are the most powerful legal tool we have. Bottom line, lawsuits are leverage.
You Want Change, and Fast.
The political process can be slow. It can take time before democracy catches up. Lawsuits can change the status quo—and fast. Sometimes it may seem like the opposite is true. But compared to the political process, or waiting on the other side to “see the light,” it is a relatively quick way to get results. Bringing a successful legal action can also change things on a wider scale. Your case might be a catalyst for change at a state or national level. No other avenue is that efficient.
You’ve Tried Everything Else.
For many people, the only real option for accomplishing their goals is legal action. There is a reason why lawsuits are pursued. They are often the best—and sometimes the only—way to get what you want. For example, a lawsuit is typically the only way to enforce a contract, recover your full amount of damages, or hold the government accountable.
There are many facets to the decision of whether to file a lawsuit. Taking the time to think can help. If you are still unsure of whether you should pursue a lawsuit, speaking with an attorney can bring clarity. At Telios Law, for example, we offer one-hour consultations with an attorney at a reduced hourly rate of $150. During these consultations, you can explore these and any other questions you have about litigation. Regardless of the ultimate decision, careful consideration is well worth your while.
Featured image: "Green" by Morgue File.
- No Just Reason for Delay: The Colorado Court of Appeals Clarifies What it Takes to Get a Rule 54(b) Certification
- Is Consenting to Magistrate Jurisdiction the Right Call? An Overview for Federal Court in Colorado
- The Pros and Cons of “Less is More” as a Crisis Management Strategy
- Part 6 Case Analysis: Do I have other options that might work?
- Part 5 Case Analysis: Are there other risks I have not considered?