May 27, 2020

Considerations before filing a lawsuit

By: Christopher Davis

Businesses often ask us about filing a lawsuit, and we usually counsel them to consider  the following steps prior to filing suit:

  1.  Have you tried to settle the matter?  Sometimes a threatening letter from a law firm or a “draft” lawsuit is enough to bring the matter to closure.
  2.  Evaluate whether you have a solid case.  Don’t be emotional.
  3.  Do you have the right evidence and witnesses to support your claims?
  4.  Balance the cost of prosecuting your case versus a realistic outcome.
  5.  Even if you “win,” can you collect your judgment?
  6.  Consider if the defendant might file a counterclaim against you.

When litigation is necessary and appropriate, Davis Law, PLC works with clients to put together a realistic litigation plan with the goal of achieving big results.