If You Wish To Sue Somebody, Read This First!
How often have you read about somebody being sued or maybe you have only encountered this in the movies? Hopefully you will never need to learn about this process the hard way, but if you ever find yourself at a disadvantage you may need to brush up on your rights. Here is a small guide to the process of suing and being sued, it may be of some use to you in the future.
What Does it Mean?
To sue somebody means that you are bringing an action against them for improper conduct. It is a legal process and usually required that you appoint a legal representative to act on your behalf. You may decide to sue an individual who has harmed you physically or perhaps you had an accident and the other party was not insured correctly. We usually sue the other person in order to receive compensation for the damages we feel they have forced us to endure as a result of their improper actions.
Be Careful
Before you decide whether or not to actually sue somebody, you need to think carefully about the whole process. There are three basic questions that you should be able to answer 'yes' to before going ahead:
- Is your case a good one?
- Is there another way in which you can achieve a god end result - apart from the legal route?
- Will you be able to get your settlement if the case is successful?
If you can see another way in which you can get a settlement without the court case, you should probably explore that route first. A court case can be messy and stressful for everyone involved, including you.
Advice
Try and seek free legal advice as soon as possible. Some lawyers offer a free consultation, have a look around and see if you can speak to several from different law firms. They should be able to tell you fairly quickly if you have a decent case or not. Their experience will allow them to ask you the appropriate questions in a very short time. They can categorize the type of lawsuit you are thinking about opening and also they will be able to advise you on the correct settlement you can expect to collect. If you are thinking of suing your former employer for unfair dismissal, here is a list of categories that your lawsuit should fit into:
Performance - You have to be able to prove that your actions were in accordance to your contract of employment.
Contract Formation - You have to be able to provide a legally binding contract before continuing with this line of action. This should allow you to show that your actions are covered by your job description.
Breach - This is where you should be able to prove that your employer did not meet their contractual obligations.
Damages - You will need to prove that you are out of pocket as a result of your dismissal. You will also require your former employer to meet the costs of the court case and subsequent expenses.
What Does it Mean?
To sue somebody means that you are bringing an action against them for improper conduct. It is a legal process and usually required that you appoint a legal representative to act on your behalf. You may decide to sue an individual who has harmed you physically or perhaps you had an accident and the other party was not insured correctly. We usually sue the other person in order to receive compensation for the damages we feel they have forced us to endure as a result of their improper actions.
Be Careful
Before you decide whether or not to actually sue somebody, you need to think carefully about the whole process. There are three basic questions that you should be able to answer 'yes' to before going ahead:
- Is your case a good one?
- Is there another way in which you can achieve a god end result - apart from the legal route?
- Will you be able to get your settlement if the case is successful?
If you can see another way in which you can get a settlement without the court case, you should probably explore that route first. A court case can be messy and stressful for everyone involved, including you.
Advice
Try and seek free legal advice as soon as possible. Some lawyers offer a free consultation, have a look around and see if you can speak to several from different law firms. They should be able to tell you fairly quickly if you have a decent case or not. Their experience will allow them to ask you the appropriate questions in a very short time. They can categorize the type of lawsuit you are thinking about opening and also they will be able to advise you on the correct settlement you can expect to collect. If you are thinking of suing your former employer for unfair dismissal, here is a list of categories that your lawsuit should fit into:
Performance - You have to be able to prove that your actions were in accordance to your contract of employment.
Contract Formation - You have to be able to provide a legally binding contract before continuing with this line of action. This should allow you to show that your actions are covered by your job description.
Breach - This is where you should be able to prove that your employer did not meet their contractual obligations.
Damages - You will need to prove that you are out of pocket as a result of your dismissal. You will also require your former employer to meet the costs of the court case and subsequent expenses.
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