Let’s face it: The United States loves to sue. We love to litigate, to take people to court, to aim for every single cent that we can get out of someone when we feel like we’ve been wronged. At least, so the stereotypes would claim.
The cost of litigation often gets treated as no object, even when these disputes can lead to severe setbacks on important projects. (Projects like massive shifts in infrastructure.)
All the same, the average person doesn’t want to deal with the hassle of going to court. So, when should you litigate your dispute? Here are 3 signs that it might be time to call a lawyer.
1. All Attempts to Negotiate Have Failed
The main sign that you need to litigate your dispute is that any and all attempts to negotiate with the other party end in failure. Every attempt to reach a monetary settlement gets rejected, or the other party denies that they’ve done anything wrong.
Letters of arbitration and overtures to let bygones be bygones go by the wayside. Or worse, the other party refuses to acknowledge your rights as a person.
In this situation, your only option could be to litigate your dispute in civil court.
2. The Potential Damages Outweigh the Cost of Litigation
Most of the time, taking a case to court will cost far more than the potential damage payout is worth. However, if the potential damages far outweigh the cost of litigation, or those costs get waived, then it might be wise to go to civil court.
To determine what costs, if any, you might owe your attorney, it’s important to contact a civil litigation firm. They can help you determine the feasibility of your case, the potential damages you’re owed, and if it’s worth it to take this dispute to court.
3. You Feel the Need to Defend Your Rights on Principle
Sometimes, litigation is not about dispute resolution. Sometimes, it’s about sending a message or standing by your principles. Hosting court proceedings can be an expensive process, so you’d best have the finances to back up your beliefs.
No one likes feeling like they’ve been dealt a bad hand, or cheated. However, before you litigate your dispute, make sure that this is the hill that you’re willing to die on. Is this dispute worth the cost of litigation, even in terms of defending your principles? Or is it best to leave it be?
Let’s Review When You Should Litigate Your Dispute
Determining when to litigate your case in civil court is a key part of dispute resolution. If the other party proves intransigent, the potential payout outweighs the cost, or you feel that strongly about the unfairness of the case, it might be time to litigate.
If you have any doubt about whether or not the case is worth it, it might be better to avoid the court proceedings altogether.
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