If you believe that someone else is to blame for the damage or injury you’ve experienced, then you could put a case together. However, the law doesn’t offer compensation for every wrongdoing or injury you might experience. Find out if you have a lawsuit before deciding to sue an individual or a company.
You need to access the case you are putting together. This includes looking over your evidence and statements from anyone else involved. It is important that you hire a trustworthy legal team to help decide whether you have a case for a lawsuit. Additionally, TruLaw.com, can offer you advice regarding your case.
In this article, we will discuss how you can know whether you have a case for a lawsuit.
Is Someone Else Liable?
Was the other person to blame? Is someone else accountable for what transpired because of their negligence or some other behavior? Does the law governing the incident hold someone else accountable?
In some cases, the answers to these questions are pretty obvious. Yet other times, you will need to do some additional research using medical records, police reports, and team consultation. Thus, if you believe someone else is liable for what has happened, then you may have the start of a case.
Consider The Elements Of Your Case
The fundamental components of your claim outline the items you must prove to succeed in court. Claims, also known as causes of action, are divided into distinct elements. To put up a strong case, you must have evidence for each of these elements.
You might want to sue a contractor for breach of contract, for instance, if you hired him to do repairs to your home, but he didn’t do them as promised. You must be able to demonstrate both the existence of a legitimate contract and the fact that you upheld your half of the bargain. While the other party didn’t in order to establish a breach of contract.
Additionally, you should be able to support the amount of the damages or losses you assert to have sustained.
You generally don’t want to launch a lawsuit if you don’t believe you’ll be able to support any of the elements of your claim. You won’t have much luck winning your case if you can’t verify all the necessary parts.
Have You Got Solid Evidence?
If you can prove each of the components of your claim, you’ll have a better chance of winning the case.
Remember that your evidence that you provide must contain both documents and information that you have on hand. As well as evidence that you might likely obtain through the investigative process. Which is the procedure through which parties to a lawsuit reveal information relevant to the claim.
For example, if a builder does not carry out the work agreed upon. Then you ought to show the legal contract that both you and the builder signed upon. In addition to images of any work that wasn’t completed.
Are You Within Statute Of Limitations?
Almost all claims have a statute of limitations, or a time period during which you can launch a case. For instance, as of this writing, a victim of medical malpractice in Ohio has just one year from the time they become aware that their injuries may have been caused by a doctor’s negligence before they can file a lawsuit.
Even though your case may be strong in all other areas, you must be mindful of the statute of limitations. Although, there are other variables that vary by claim and state. It is important to get in touch with a lawyer or attorney to discover what your statute of limitations is.
Seek Legal Advice
Once you have collected all your evidence and decided whether someone else is liable for your case, then you ought to seek legal advice. A professional and trustworthy lawyer will be able to look over your case and tell you whether you have a case for a lawsuit or not.
If there are gaps in your case, then a lawyer will be able to help you find and advise you on what to do.
Conclusion
You have a case for a lawsuit if you have solid evidence that backs up everything you are saying. In addition to that, you must be within your statute of limitations and consider every element of the case. If you meet these requirements, then you should get in touch with a lawyer about your case.