How Choosing to File a Lawsuit May be About Potential Profit as Much as Proof

Regardless of what many people may think, not all lawsuits are settled out of court. In many cases the people involved are unable to find a middle-ground they can agree on, regardless of the mediation efforts that are made. The decision about whether or not a case should be heard in court is one that can only be decided on a case by case basis. There are many factors that contribute to this decision.

When someone decides to sue someone, they need to consider two things. First, they must be able to prove why the defendant owes them the amount they are claiming. If they cannot prove it, they will be unable to win their case and the money they spend on legal representation and court costs will just add to the deficit they already feel they are facing. Even if they will be able to prove their case and are confident about their chances, there is the matter of what their final costs will be. If all of the money they receive from their judgment will be used to cover their expenses, the time and worry may not be worth continuing.

As for defendants, they should only go to court if they can either adequately argue with the claims of the plaintiff or if they feel the judge may be more reasonable than the demands of the plaintiff. A good lawyer can defend their client adequately, but the question is whether or not they can save them money. If they would be better off financially to settle and pay rather than cover the bills that will amassed in the courtroom, the attorney may suggest they choose the settlement.

Unfortunately, the laws are not always fair and the winner in a lawsuit will not always be the one who was in the right. In many instances the best representation a lawyer can give their client is to choose the route that will be the most financially beneficial to them. While this may not be the result people always want, in the end it can be the decision that saves them a substantial amount of money and time.