There are over 1,000 searches monthly on Google alone for how to file a lawsuit pulling over 73,000,000 results. However, the real question that you should ask before going down that path is if that is what you really want to do. Here are 32 questions, among eight areas of consideration, to ask yourself before adding your complaint to the lawsuit landscape:
1. What am I really looking for?
- Have I been merely embarrassed in some way?
- Have I in some manner suffered a public wrong?
- Have I been subject to damage by one or a small number of people in a private matter?
2. Is this about someone else being wronged or embarrassed?
- Has my minor child been harmed?
- Has a family member lost his or her life?
- Am I in charge of someone or responsible for someone who has been wronged in some manner?
3. Is there a legal claim for relief?
- Have my constitutional rights been violated?
- Has any property of mine been damaged?
- Am I one of several people who are similarly situated and have been harmed?
4. Is there an alternative dispute resolution for this issue?
- Do I want to preserve a relationship with the person I will claim has wronged me?
- Is my case one that a trier of fact will deem worthy of remedy?
- Do I need a format where I can voice my case and agree with the other party one-on-one?
5. Is this something that a simple letter of complaint will solve?
- Have I tried a less argumentative approach?
- Has something been miscommunicated between myself and another person?
- Is there a substitute product or service or rainy-day coupon to be gained in lieu of raising a lawsuit?
6. Can I afford to bring a lawsuit?
- Do I have the financial means?
- Do I have the time?
- How will my family, work, and social life be affected as a result of my lawsuit?
7. Do I have what it takes to bring a lawsuit?
- Has the statute of limitation run for the claim I will raise?
- Have I in some way recorded the events leading up to my claim as relevant to that claim?
- Have I identified possible or necessary witnesses?
8. Have I considered other consequences of bringing a lawsuit?
- What happens if I am counter-sued?
- What if I lose based on my pleading, before a judge or jury considers proof of my allegations against another party?
- What if I win a judgment and the other party does not or cannot pay?
Once you have seriously considered the answers to the questions listed above, consider finding a good attorney who can help you with your request.
