Medical Mistakes: When Should You Sue?
It’s a phrase we’ve all heard many times – perhaps not aimed at us directly, but simply in the world around us. Parties are constantly taking one another to court, with a wide array of contributing factors ranging from the legitimate to the abstract. For those looking to solve real problems through formal recourse, several questions need to be answered before legal solutions are pursued. Primarily, knowing when you should sue – and exactly what your motivations are – can be the most critical element of success.
Let’s say you’re considering filing suit. First things first: let’s consider all your options.
Taking a claim to court can be an extensive and sometimes stressful process. If you’re doing so as an act of revenge, as a reiteration of principle, or purely for the purposes of finance, it may not in your best interest to continue. On the other hand, if you’ve been the victim of negligence on the part of another party and were placed in a legitimate position to make a claim, you may have a strong case on your hands. Asking yourself when you should sue and when you shouldn’t – not to mention being honest with yourself about the answers – can cement your resolve and heighten your probability of winning in the long run.
Basics Questions to Ask Yourself
The process of suing someone can be costly and time-consuming, and while some individuals might best use their time settling out of court or resolving their issues individually, others genuinely have reasonable motivations for making a legal case and pursuing it through to its proper conclusion.
For areas that aren’t perfectly black and white, here are a few common questions to ask yourself if you are currently considering whether or not to sue:
- Do I have a strong case?
- What parties were involved?
- Am I able to withstand a potentially lengthy trial?
- Were there considerable damages?
- What are the alternatives?
- What’s at stake?
- Are there loopholes I should know about?
- If successful, what would my ideal settlement be?
The most important question of all, however, is whether or not you have proper representation.
While it’s important to be prepared for the fact that the process may take a while to complete and that there are a number of potential outcomes, your attorney can help you through every step of the process. If justice is your primary objective and your case is a solid one, the odds are good that your patience will be rewarded.
Understanding the Process
Choosing to move forward in your claim sets in motion a legal process that could have any, of several, possible conclusions. Let’s take a look at the process and its potential outcomes.
Finding an Alternative
You may want to consider settling your case with the other party before taking the claim to trial. It may be possible to settle your differences for a monetary amount and employ the use of a mediator to aid in the agreement. Settlement at this level may ultimately save both parties time and money, compared to a full legal process.
Building Your Case
If you’ve decided that taking the opposing party to court is the best path, it’s time to consult with an attorney to begin building your case. Upon consultation, paperwork and investigation will begin to determine the legitimacy of the claim. Expert opinion, statements, and research will be gathered and conducted to build a claim. Once enough information is collected, it will be presented in court.
Processing Your Claim
The claim will be processed depending on the location and severity of the case; you may either be placed in federal, state or small claims court. The case will be made, defended, and processed. The way in which the final judgment will be determined is based on the type of court handling your case.
If you win the case, compensation can begin being collected with ease if the defending party has assets and value. If your case has settled against a party that doesn’t have the resources to award your settlement, your attorney can assist you in further pursuit of compensation.
Asking the questions outlined in this post will give you a greater understanding of the best way to approach your claim. The time required to find resolution in or out of court will depend greatly on your selection of attorney, the severity of the claim, and how hard you wish to pursue it. Finding the right attorney is a key component of maximizing your potential for success. With proper representation, a strong case can go a long way toward righting a wrong and awarding you the compensation you deserve.