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Does Your Case Have What It Takes? Take a Look

Does Your Case Have What It Takes? Take a Look
The Siliconreview
14 January, 2020

One of the first questions individuals have when considering how does a class action settlement work if they have the legal grounds to file and find success.

This is a complicated question that requires a deep comprehension of the case. However, discovering if the legal grounds (and a case) exist comes down to four important questions.

Q. Could the case meet the basic requirements?

There are many number of lawsuit types: personal injuries, defamation of character, a breach of contract, and many more.

Discovering if the legal grounds for a case exist requires individuals first comb through the elements required for their case type (cause of action) to be considered in a court of law. A personal injury case, for example, requires several components:

  • The individual had a duty to you,
  • The individual breached that duty,
  • The breach of duty resulted in your injury,
  • The injury resulted in further damages.

Knowing if your case includes the required criteria is the first step in comprehending if you have the legal grounds to file a successful lawsuit.

Q. Do you know who’s responsible?

Although a law professional can help clients discover who is responsible for their situation, understanding the at-fault party is significant in determining if a case should be pursued.

Quite often, the individual or group who appears most responsible is not the party that would be deemed negligent or at fault. For instance, a plumber who installs defective lines may testify he was taught installation by his general contractor, meaning the contractor is at fault. If the case sought to sue the plumber, it would be thrown out of court. 

Q. Does the responsible party have assets?

Even if you have the legal grounds to file a case, you should conduct preliminary research about the defendant before doing so. Most specifically, know if the defending party has assets so you can collect your damages.

A party that does not have anything of monetary value to offer is not worth filing litigation against, even if the individual or organization was clearly at fault. This is due to the courts’ responsibilities, which include hearing your case but does not include collecting the damages owed to you.

Q. Are you willing to settle out of court?

Finally, ask yourself if you are willing to settle out of court. To reduce the number of cases and workflow within the courts, state laws typically encourage parties to enter into mediation and negotiations prior to court hearings.

Most disputes are settled before they are ever brought to court.

Strong Cases, Strong Outcomes

Cases that contain all necessary elements for litigation and have clear, responsible parties with assets are ideal for filing a lawsuit. Before assuming suing maybe your best course of action, know the details associated with your circumstances and speak to an attorney.

About The Author:

Aqib Ijaz is a digital marketing guru at eyesonsolution.com. He is adept in IT as well. He loves to write on different topics. In his free time, he likes to travel and explore different parts of the world. You can read more of his blogs at eyesonsolution.com.