The decision to sue another individual or business is not one that should be rushed into. Prior to filing a civil lawsuit in Florida, there are several things one must take into consideration. A Miami civil attorney can help prospective filers determine if the time is right to sue, and if so, litigate on his or her behalf.
Failing to pose these five questions first could result in an unsuccessful lawsuit, ultimately costing the filer both time and money and leaving the issue unresolved.
1. Is there an alternative to suing?
In situations where there is an alternative to filing a lawsuit in civil court, exploring those options is almost always preferred. Before rushing to judgement, one should consider the other party’s side of the issue and whether or not compromise is possible. This process is known as negotiation, and results in each party having some but not all of his/her demands met. Another way to achieve compromise is through consulting a mediator, who will guide both parties through the negotiations. Arbitration may also serve as alternative, where a person fulfilling the role of a judge makes a final decision on the matter.
2. What is the desired outcome, and is it plausible?
It is important for filers to consider whether or not the other party will even be able to meet his or her demands. If the desired outcome is monetary, suing an individual who lacks any assets may be a lost cause.
3. Does the law allow for a suit on this issue?
If there is a statute of limitations that governs the matter, it is critical for the potential filer to ensure it hasn’t expired. It’s also to important to consider jurisdiction, as the lawsuit may need to be filed in a different state depending on the location of the other party.
4. Do you have the means to file a suit?
There are some circumstances where settling a dispute is more favorable than suing over the matter. In order to sue someone, an individual must pay upfront legal fees with no guarantee that the funds will be recovered. A reputable Miami civil attorney will be able to advise the prospective filer on whether or not recovery is likely, taking the filer’s finances into account.
5. Is it likely the suit will be successful?
By far the most important consideration one must make is whether or not the case is likely to be successful. If a business owner hopes to sue over a contract dispute but lacks a written contract, it may be hard to achieve a judgement in his or her favor. It’s also important that the prospective filer take evidence into consideration. If there is little proof of wrongdoing, a lawsuit might not be the best course of action.
If you are considering filing a civil lawsuit in Florida, a Miami civil attorney can help you determine if doing so is the right course of action. Give our office a call today to schedule a free consultation with a member of our experienced team.