Is court worth it? Things to consider before you litigate
Going to court can be a stressful and unpredictable process for individuals and businesses alike. Many times, clients are left with the burning question: is this process worth it? The answer to this question depends on many factors that must be considered before you choose litigation.
Here are four important factors to consider before you make the decision to litigate:
- Your legal fees: Legal expenses are typically relative to the value of your claim. The higher your claim amount, the higher the legal fees. Fees can also fluctuate depending on factors such as case complexity, the jurisdiction of the court, and whether trial can be avoided by reaching a settlement first.
- The parties involved: If the entity you are suing has been difficult to deal with in the past, you should expect to deal with this during litigation as well. Problematic opposing parties can significantly delay completing tasks required in the litigation process, and many times, clients are forced to spend more time and resources to overcome these obstacles.
- The strength of the case: Although you may feel you have a strong case, it is important to consider the unbiased advice of a lawyer regarding your chances of success or failure. A lawyer can advise you on whether a judge will view the factors in your case in your favour or not.
- The time required: Be prepared for the possibility of handling your case for several years after starting an action. Litigation is not a quick fix, as it often takes months to years to reach a resolution. Even if you’ve moved on emotionally, it’s important to realize that litigation is a commitment that may outlive your emotions. Litigation can be tough, but with solid legal representation on your side, the process can be less stressful and more manageable.
This article was originally published by The Hamilton Spectator.