Are You Considering Filing A Lawsuit?Written on November 26, 2014
Lawsuits have become an everyday part of life around the country. If you haven’t been sued, chances are you know someone who has. Often times, plaintiffs aren’t happy with the outcome of their lawsuit because all the facts weren’t properly considered or an attorney wasn’t consulted.
If you are thinking about filing a lawsuit, there are some things you should consider. The first is having legal counsel on your side. The judicial system can be a very complex maze of motions and rules that can be difficult to navigate. The attorneys at The Silverbach Group will be able to help you whether you are the plaintiff or the defendant. We have the legal expertise to help get the best outcome for you. Even if you are suing someone in small claims court, which is typically for a lower dollar figure, you should still consult an attorney before moving forward.
Before going to court, you should examine the facts of the case you wish to bring forward and make sure you have a good further cause of action to file a lawsuit. An attorney can help you look at the facts of your case to determine if moving forward is a good idea. Below are some typical things you need to think about:
• Breach of Contract: If you hired someone to do something specific for you, like renovate your kitchen and they took your money and didn’t do the work, you would have cause for a lawsuit. You must prove that a valid contract existed, it was breached and you have provable damages.
• Personal Injury: These lawsuits are usually associated with “slip and fall” injuries or “auto accidents”. A typical example is slipping on a wet spot in a grocery store. In these cases, the plaintiff would have to prove negligence on the part of the defendant and show damages. If you slip and fall in a retail business, but aren’t injured, you may not have cause to successfully sue because you don’t have any damages.
• Medical Malpractice: If a medical professional, like a doctor or nurse, does something or fails to do something, that causes injury or harm, this may be the basis for a lawsuit. Just like the other examples, you must be able to prove damages in order to be successful.
An experienced attorney will be able to advise you on whether you should file the lawsuit or take another course of action. The facts of the case may lead your attorney to seek a settlement or pursue mediation before going to court to argue your case. This could save you time, headaches and money in the long run.
If you are considering filing a lawsuit, or have been served papers because you are being sued, contact The Silverbach Group today. We are experienced attorneys who will listen to you and be on your side throughout the entire process. You can reach us (770) 635-0334.