Whether your suing another party for damages or you're being sued, civil litigation cases can be stressful matters. This article discusses tips to help you survive your civil litigation case.
Learn how to survive your civil litigation case and stay calm and in control the entire time.
- Is this case worth pursing?
Should you go forward and litigate this case? Civil litigation cases involve a large time and money investment, especially if they go to court. You're too close to the matter. You're emotional and full of anxiety and you may not be thinking clearly. What are your chances of winning this case? Have you sought out the opinions of professionals on this matter?
- Focus on what you need not what you want.
Were your rights violated? Do you think you have the right to an excessive reward for the problems you've been through? You may think that your case is unique and that the other party owes you millions of dollars for the damages they did, but realistically, a court may not see it that way.
Stay focused on fighting for what you need and not what you want. For example, if your company lost sales due to a breach of contract where your vendor did not provide what they were supposed to provide, sue for that specific monetary loss. Don't sue for revenge and for an arbitrarily exorbitant amount just because of an emotional fight you had with your vendor. It is a poor decision and one that may waste your time and money.
- Try to avoid court if you can.
Court is costly and time consuming. It's important to find an attorney who understands the balance of fighting aggressively on behalf of their client and knowing when to use alternative dispute resolutions to quickly settle cases. Try seeking mediation to solve business disputes. It's especially useful for smaller businesses that don't have the large legal teams that corporations do.
If you choose to go to court, understand that even if you win, you may have to pay a large percentage of that winning reward in legal fees and court fees. Also, think about the costs if you lose in court. You will have to pay all those fees yourself. Is it worth it?
- Do you have the right lawyer for you?
Do you and your lawyer communicate effectively? Does he or she inform you of all your choices and options? Does your lawyer match your personality and have your best interests in mind or are they only concerned with what benefits them the most? Hire an attorney who will let you keep control of the situation. If at any point you feel that you don't agree with the choices your lawyer is making and you have no control to stop them, fire them. Find an attorney with a lot of wisdom and experience in that particular field and someone who's main goal is to guide you through your case and fight for your interests.