Filing a lawsuit is a last resort.

Nobody wants to do it but it’s important if you are a victim. Some people don’t own up to the responsibility of their actions and need a reminder. Of course, it costs a lot as it takes its toll mentally, physically and financially.

Deciding to sue isn’t only about the facts; it also depends on the situation. Before you say yes, it’s imperative to consider a few things first. That way, you can answer the question in the title. Here are the factors to keep in mind when a lawsuit is on the table.

Do You Have Evidence?

When lawyers say you have a good case, it means they can prove negligence. However, they aren’t magicians and can’t make proof appear out of thin air. And, if they can, you need to afford these attorneys like the plague. For them to win, the client has to give them as much information as possible.

With that in mind, you’ll need details such as names, addresses and occupation. If it’s a collision, for example, high definition images are a must too. Also, proof of damages or personal financial loss is another building block.

Can You Collect?

Just because you win doesn’t mean you’re entitled to compensation. Depending on the type of case, the person who brings the suit might have to prove a few details. Wrongful death attorneys see this all of the time with wrongful death cases. To be eligible to collect, you have to fall under the following categories:

–    Surviving spouse

–    Children, including legally adopted children and adult children

–    Parents

Anybody who doesn’t, even if they have evidence of negligence, won’t have the right to participate. Unless you can convince the court, it will be a waste of time and energy.

What’s The Damage Going To Be?

Forget about the facts for a moment as there is a human element to fighting in court. Not only does it include massive legal fees – if you lose you have to pay them – but it also inflicts emotional damage. The stress of proving a claim and attempting to hold a person or entity responsible often plays with the mind. Usually, it takes weeks and months to recover from the emotions that run wild during the proceedings. Although you want to get justice, you might feel as if you don’t have the energy. It’s a personal decision.

Is There An Alternative?

If you aren’t physically and mentally strong enough, the last option is to look for an alternative. Lots of cases are settled outside of court as it suits both parties. You don’t have to deal with the hassle and they aren’t embroiled in a scandal. Another method is to hire a mediator to talk things through and come to a compromise. This is a handy tool for divorces and custody battles. Last but not least, there is binding arbitration.

If any of the above is relatable, you should sue. Please, don’t take it lightly and make sure you understand the costs.