Considering a Lawsuit

Considering a Lawsuit?

THE FOLLOWING IS STRICTLY FOR EDUCATIONAL PURPOSES ONLY - NO LAWYER CLIENT RELATIONSHIP EXISTS BETWEEN US UNTIL I CONFIRM ONE EXISTS WITH YOU IN WRITING AND I HAVE RECEIVED THE AGREED UPON RETAINER!

So you think you have a lawsuit?  Typically, civil lawsuits (for money) have 2 elements, liability and damages.  Liability really means responsibility, is the other party legally responsible for your damages?  If I fall off a bridge (by myself) and get seriously hurt, no one is likely responsible but me.  If I get bumped by someone else and then fall off the bridge, that person is likely to be held responsible.  In most cases, a lawyer will be the best person to tell you if you have a case, as the law is very convoluted and poorly organized.  Generally speaking, for there to be liability, the incident must fall into a recognized cause of action (more on that in later sections).

Damages in turn means 'what have I lost as a result of the incident, transaction etc.'  So, if I throw a baseball through your front window, I'm likely going to be responsible for the costs of replacing the window.  I'm not likely to be responsible (for any meaningful sum of money) if that annoyed you, hurt your feelings etc.  Conversely, if I call you a nasty name or otherwise hurt your feelings, it is unlikely there are any damages, though some exceptions are likely possible due to the tort of intentional infliction of emotional distress.

Finally, if your case is one where you have to pay a lawyer, how much will it cost to litigate, and how much is  the lawyer likely going to be able to recover?  The legal system works well in collecting from insurance companies and large corporations, but very poorly against individuals (i.e. former Florida resident O.J. Simpson).