Things you should think about BEFORE filing a lawsuit
Some of the most important questions you can ask BEFORE filing the lawsuit are the following:
- Do I have a good case?
- Can I meet the burden of proof (preponderance of evidence or clear and convincing evidence for fraud)
- Is there a better way to resolve the dispute?
- Does the Defendant have ASSETS (money, property, intellectual property, etc.)
- What court would you sue in (state? Federal?)
- Where would you sue?
- Is defendant located in the United States? If so, where?
- Do you have credible witnesses to support your case?
- Do you have any “smoking gun” documents (proof)
- Do you have any EXPERTS in mind if this is a technical case?
- Will you be able to collect on the judgment?
- Will there be positive or negative social media ramifications? This is what I call “law of the press.”
- Does the Defendant have any viable defenses that will defeat your case on Demurrer, Motion to Dismiss, or Summary Judgment
- Is there any chance the Defendant will countersue YOU? Do you have any legal exposure (or perhaps you should not poke the bear).
These are just a few of the questions to ask before you make the BIG DECISION of engaging in what could be a 1-5 year legal battle complete with appeals and collection efforts
If you need help making the determination in your business, real estate, or intellectual property case call us at (877) 276-5084 or click on the link above to go to our website.
We handle breach of contract, financial elder abuse, entertainment and internet disputes, software piracy and copyright infringement, trademark disputes and other general civil litigation matters.
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