Sue the bastards
You have been wronged! Injured! Your property destroyed! Or worse -- someone you love has been killed or permanently disfigured or deformed. What on earth should you do?
For many, the first impulse is to hire a lawyer and sue the bastards who did this terrible thing. But usually the better course is to stop, cool down and analyze your options. Is litigation really in your best interest? What does litigation entail? Here are some considerations.
First, take care of immediate priorities, such as the medical requirements of the injured person and other needs of the family. After the initial panic has passed, think about the future. The time limit to take legal action (known as the Statute of Limitations) allows up to one year to file a suit in most negligence cases. But the success of a case often depends on more immediate consultation with an attorney. As soon as is practical, steps need to be taken to preserve evidence before it is lost and to secure witness testimony before it is forgotten or the witness becomes unavailable. (See the article "I've Been Injured ... When Should I Consult An Attorney?" on our web site.)
As you consult with an experienced attorney, seek answers to questions such as these:
Must a lawsuit be filed? What happens if a suit is filed?
What will I gain from the lawsuit? Can I lose anything?
How much will it cost? How will attorneys' fees be paid?
How long will it take? What will be required of me?
What can I expect from the other side?
What are my chances for success? Failure?
After the court's decision, would an appeal be likely? If so, how long might it take?
What are the alternatives to litigation? Should I consider mediation? Arbitration?
Once you have thought through these issues, you will be better prepared to make a logical, educated decision on how to proceed. This is the key. All too often lawsuits get started because emotion has taken over. But soon enough, the day of reckoning arrives - often as a rude awakening. Don't let that happen to you. You may find that money has been spent that cannot be recovered. Or the other side has filed a counter-claim against you, requiring you to fork over even more money. Legal expenses may become big problems due to emotion-based decisions, rash action or poor planning.
The right to sue to get legal redress for damages or injuries is fundamental to our Constitution. It sometimes helps keep the rich and powerful from taking advantage of us regular Joes (and Josephines!). And just as frequently, the mere possibility of a lawsuit keeps would-be deadbeats interested in working things out.
Our judicial system is not perfect, but it may be the best of any civilized society. So let the system help you when you need it - that is what it was designed to do!
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© 2000 Nelson C. Barry III
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