Lawsuits are a thing of legal dramas until you decide to file your first one. It’s unavoidable in business sometimes. You might be a victim of a breach of contract, non-performance, and non-payment, all of which can have severe effects on your business. When all other measures to correct the situation fails, you’re left with only the option to sue.
Know that this can’t be a half-hearted decision. Lawsuits involve time, money, and a rollercoaster of emotions. You’ll want to make sure you take this legal step with the right attitude and methods to increase your chances of success.
Load Up on Legalities
What you do before filing a lawsuit plays a crucial role in determining how the rest of it will go. You’ll want to consult with a lawyer of good standing to discuss your legal dispute. This includes knowing who to sue, what case to file, and where to file it. These three things might seem like simple matters you can determine on your own, but not when you’re looking at it from the law’s perspective.
It matters whether the business you’re suing is a corporation or a sole proprietorship. You might think you can file in any court in New York City, but the circumstances demand that you do it in a local court in Staten Island. You’ll also want to consider the process server your attorney hires. Every step of the legal process matters, even the manner the party you’re suing gets served. A certified server will observe the proper rules and ensure that they deliver the summons fast.
Define the Elements of Your Case
Hiring an excellent lawyer isn’t an excuse for you to become complacent. You need to know the elements involved in your case and how to prove them.
A contract dispute, for example, has three major elements you need to prove. First is the existence of the contract. Next, you need to show that you fulfilled your contractual obligations. Lastly, to establish a case, you have to prove the other party didn’t hold up their end of the bargain. You need to provide enough evidence of the ‘damages’ you claim to have incurred, hence the lawsuit.
It’s easy for the judge to rule in favor of the defendant if you’re unable to justify any of these.
Prepare Yourself Mentally and Emotionally
Even going to court with the right intentions can cost you mentally and emotionally. Give yourself the time to vent, either through a three-day break at home or through a recreation. You must deal with the stress that comes with filing a lawsuit. Bottling it up can lead to a poor court appearance, not only on the way you look but also on your attitude.
It also helps to have a network of people you can turn to for all kinds of support. Make sure these are people who have your best interests at heart and know how they can help. Otherwise, you might risk incurring further stress by absorbing unwarranted opinions and criticisms.
Remember that filing a lawsuit isn’t to get revenge or achieve any other ill motive. Do it to protect you and your company. Approach it with the same preparedness and persistence you had when you started your business, and you’re likely to win.
