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SHOULD YOU SUE? HOW A LAWYER CAN HELP AVOID LAWSUITS

Heritage Law Group Jan. 20, 2016

Typically, lawsuits take up Legal-Book-with-a-Gaveltime, energy, and money—even for the smallest claims. Many San Jose residents believe that suing another individual is a simple process, but this couldn’t be further from the truth. A lawsuit should typically be a last resort to any dispute.

Before committing to settle a dispute in court, consider coming up with a solution outside of court. This can be a difficult task on your own, but with a lawyer on your side, you may be able to avoid court and come up with a solution that suits both parties.

Are You Ready For a Lawsuit? 3 Reasons Why You Should Settle Outside Of Court With Your Lawyer

Settling outside of court can provide you with many benefits, but it’s crucial to have a lawyer on your side while doing so. Disputes happen due to conflict. With settlements, it is crucial to have a lawyer on your side so that you see the situation as clearly as possible. Being clouded by past experiences can hinder your ability to come up with a proper and fair settlement.

There are many reasons why you should consider resolving your dispute out of court. Here are just a few of the many reasons you should consider settling over filling a lawsuit.

1. Settling Outside of Court with a Lawyer is Cost-Effective

Lawyer costs are not the only expense you’ll come across when filing a lawsuit. Your trial will have costs that will greatly increase expenses, including but not limited to:

  • Expert witnesses

  • Court costs

  • Travel Costs

  • Lost time from work, and more

No matter the size of your case, you’ll come across a slew of expenses that can drain your finances. In most cases, these costs come out of pocket. Your trial can end up costing you more than your award, in the event that you win your case.

By choosing to settle outside of court, you can avoid a good majority of these costs. Your lawyer will be involved to help draw up a settlement and help you settle your case, without having to incur additional costs associated with court.

2. Lawsuits Can Add Stress in Your Life

One cost that many people do not consider with a lawsuit is the emotional toll it can take. Depending on the case, the process can become very stressful. When you are in court, both parties can be subjected to examination and cross-examination on the witness stand. Your character will be publicly called into question, you’ll be asked to give information about yourself that you may not want to share, and other matters that can cause stress and anxiety.

3. The Trial Process Can Take Years

Another factor that many people do not consider is the length of a suit. In most cases, a trial will often not start until more than a year after the initial claim is filed.  When the trial finally comes around and one party wins, the case can be prolonged again with an appeal. Before you choose to file a lawsuit, consider if this time frame is something you can commit to.

If this is something that you cannot or do not want to commit to, consider settling out of court. By settling a case, both parties will be able to come up with an agreement on which they both agree.