Key Things to Consider Before Filing a Lawsuit
A Southern California business litigation attorney can provide you with help in determining if you should file a lawsuit or not. Deciding to sue can be a very big decision and while there are many circumstances where it makes sense for your organization to use the court system to enforce your rights, you will need to think carefully about whether filing a civil lawsuit is actually the best course of action for your particular situation.
Brown & Charbonneau, LLP has helped may organizations to find effective ways to resolve disputes outside of court through processes such as mediation and settlement negotiation. We also have extensive courtroom experience and are prepared and ready to fight for your interests in a court of law so you can maximize the chances of getting a favorable outcome when suing becomes necessary. To find out more about how an experienced Orange County business litigation attorney at our firm can help you, give us a call today.
Key Things to Consider Before You File a Lawsuit
If you are thinking about filing a lawsuit, some of the key things that you will want to consider before you make the final decision to sue include the following:
- Can you sue? First and foremost, you must make sure that you actually have standing to sue and that there is nothing preventing you from making your claim, which as the statute of limitations being expired. You have standing to sue if you have suffered a legal wrong for which the court can provide a remedy. However, if you signed an arbitration clause, you may not be able to turn to the court to resolve your disagreement but may instead have to resolve your claim in binding arbitration. Arbitration clauses are almost always enforced, so if you find yourself in a dispute that must be arbitrated, you should look for an attorney experienced with resolving cases in this forum.
- What remedy are you seeking? You need to determine what you hope to gain from suing. Do you want an injunction to stop the defendant from acting? Are you seeking financial compensation? Do you want the court to compel the defendant to do something, such as asking for specific performance to require a defendant to fulfill a breached contract according to its terms. Make sure the remedy is one the court can provide and that it will be worth going to court to obtain that remedy.
- What is the likelihood you will prevail? You are typically going to have the burden of proof when you file a civil lawsuit. Unless you have the necessary evidence to back up your claims, filing a civil lawsuit is generally going to be a big waste of your time and your money. You should talk with an attorney about the strength of your case and the likelihood of a positive outcome before you initiate litigation.
- What are the possible adverse consequences of suing. There are many situations in which suing could hurt your business. For example, if you are involved in a dispute with a business partner, you may not want to sue if you hope to preserve the relationship and continue to run a business together. You may wish to look into less adversarial methods of resolving your dispute. Suing could potentially also damage your brand and be costly.
These are just a few of the many key things that you should think about when deciding whether to sue. An Orange County business litigation attorney can help you to evaluate these and other issues when deciding whether you should file a lawsuit.
Getting Help from an Orange County Business Litigation Attorney
The expert business litigation attorneys at Brown & Charbonneau, LLP will be your company’s strongest advocate if you decide that it makes sense for your business to sue when a dispute has arisen or when someone has wronged you. We know how to investigate, gather evidence, find compelling witnesses, and present a strong case to maximize the chances you will be prevail and awarded your desired remedy. We can put our extensive courtroom experience to work for you so you can get the outcome you need when pursuing a legal claim.
To find out more about the ways in which we can help with litigation, or with other methods of dispute resolution when conflicts or problems arise, give us a call at 866-237-8129 or contact us online today.