One of the very first things that come to mind during a dispute is to sue the other person or company involved. Being it medical malpractice, accident, personal injuries, abrogation of contract, financial disputes, etc., the pressure or anger at the time can cloud your judgment into taking hasty legal decisions.
Yes, you have every right to seek legal redress during a dispute. However, taking such decisions without any form of consultation or reflecting on the merits of the case often ends you miserable in court.
Except for criminal cases, which come with jail time or compensation or both, civil suits mostly end with financial compensation. As such, you can use alternative dispute resolution mechanisms like negotiations to reach a compromise in civil cases. Both parties can agree on a compensation package to settle the issue out of court.
For example, in a medical malpractice case, the victim can first contact the medical facility, make a complaint, and then negotiate for deserving compensation. If the same case were to end up in court, you would have to hire a malpractice attorney, pay for filing fees, and wait for the court proceedings and judgment.
With the cost and the long process involved, going to court should therefore be the last resort. You should first exhaust all possible alternatives disputes resolutions. Before going on with your lawsuit, find out:
Do You Have a Case?
The fact that you were sacked from work, had injuries in an accident, suffered from the negligence of duty, etc., doesn’t mean you automatically claim compensation. It could be that you contributed to whatever happened to you.
To qualify for work injury compensation, you need to prove that the injury was caused by the negligence of the employer or other workers. For a medical malpractice claim, you must report that said malpractice as soon as possible. A medical professional will review the complaint before a decision is reached.
If you are a tenant planning to sue your landlord for “unjustified eviction,” you should be in good standing in terms of rent and allocation payments. You should also be someone who abides by the rule and regulations governing the property. If you are suing for a breach of contract, ask yourself whether you fulfilled your part of the agreement. If it involves an accident, you may need an accident lawyer to process your case.
Whatever your case is, be certain that you played your part well and that the other party is fully responsible for what happened.
Can You Afford the Legal Process?
Before you think about suing, you should consider the financial implications. The legal process can be very expensive depending on the case. You may need to hire an attorney, aside from the several other costs, including filing fees.
Consult a lawyer for an estimate of the cost involved in your case, and do a cost-benefit analysis by comparing the compensation you can get to the initial legal cost. This will inform you if you are making the right financial decision.
Options You Have Before Going to Court
As already said, filing a lawsuit should be your last resort, so before you do that, try the following.
Reach Out for Settlement Terms
Before suing someone, it is fair to give the person the last by negotiating possible settlement terms. For worker’s compensation or malpractice claims, you can first use the internal processes to try to resolve the issue.
The process can be somehow intimidating as it involves law, and the defendant may try to take advantage of the process, so it is better to seek the services of an attorney to defend your interest. The attorney, being well vest in the laws, regulations, and compensation packages for such claims, would ensure you get what you deserve.
Offer a Considerable/Flexible Resolution Plan
Whatever harm it is, it has already been done, and this is not the time to prove that you are difficult to deal with. The defendant probably defaulted on that loan payment because he/she lost a job or going through some life challenges.
This is not the time to make the situation worse. Why don’t you offer another payment window than going to court? You can offer extra months for the payment or break the loan into smaller parts for easy repayments.
As a defendant or offender in whatever case, reach out to the plaintiff and reason with him/her. If you need to apologize or offer a retraction to a statement deemed defamatory, do it without a second thought.
If the person deserves compensation and you don’t even have the amount involved, ask for a flexible payment term. You can apply this method to any civil case to reach an out-of-court settlement.
Document the Agreement
After reaching a settlement agreement, it is best to put it on paper to make it valid. A written agreement signed by the parties involved and witnesses is binding and valid. You can always refer to the agreement when making a claim. If you have any difficulty in drafting such an agreement, involve your lawyer.
