Fortunately, we live in a society that believes in taking disputes to court and have a fair and just judicial system. Others throughout the world aren’t as lucky and often times justice boils down to who has more money or influence in the community.
However, litigation can be a tricky business. Knowing when and when not to file a compensation suit is critical. Sometimes, taking an issue to court can backfire on the plaintiff, causing them not only to lose financially but tarnish their reputation as well.
Other than those considerations, there are a number of other things to ponder before and during a compensation lawsuit.
For example, the responsible person or entity in a personal injury case might be more than willing to settle the issue out of court while using attorneys as mediators.
Another method of settling a dispute is arbitration, which is quite similar to mediation with the primary difference being that a third-party known as an arbiter makes a legally binding decision in the case.
Before we cover some of the things to consider prior to filing a compensation suit, please take note that this article shouldn’t be substituted as legal advice. If you have a valid legal concern, it’s best to contact an attorney right away.
Jeffrey Preszler of Preszler Law Firm (https://www.preszlerlaw.com/) assures that when a person is injured by another’s wrongdoing, Ontario law permits the injured person to sue for compensation. With that said, the below considerations are merely for educational purposes and intended to help the reader know their rights.
When it comes to considering your chances of winning a litigation case, you must take an objective look at the amount of and quality of evidence you can provide the court. This is called “the burden of proof.”
According to the Legal Information Institute, “describes the standard that a party seeking to prove a fact in court must satisfy to have that fact legally established. There are different standards in different circumstances.” The article continues to explain that in criminal cases the burden of proof must be “beyond a reasonable doubt.”
On the other hand, when it comes to the burden of proof for a civil case, a preponderance of the evidence. Again, the Legal Information Institute states this evidentiary standard requires the burden should “convince the fact finder that there is a greater than 50% chance that the claim is true.”
Nevertheless, it’s highly advisable to consult an attorney about any preponderance of evidence you feel you have because what you may think of as good evidence might not be viewed as such in a court of law.
Though you would know better than anyone else what some of the costs of pursuing a compensation suit, such as personal reputation, the strain placed on personal and professional relationships, among other non-monetary costs, there could be unforeseen financial casts as well.
Whether you’re an employee who was injured on the job, a motorist who was injured by another driver, or a business owner who was wronged by a business partner there a certain amount of risk that comes along with filing a suit against someone.
For example, the defending party has the right to file a counterclaim against you and, depending on the circumstances, may win a judgment against you if you fail to present the court that your evidence is greater than 50 percent true.
Counterclaims can be of any amount depending on the claims brought against you in the defendant’s countersuit. For a good example of a counterclaim, feel free to visit legaldictionary.net.
This is a critical thing to keep in mind while you’re working with an attorney to figure out whether or not filing a compensation suit is worth it versus attempting to resolve matters outside of the courtroom.
The primary reason being, when witnesses are brought before the judge for examination, they, too, are subject to cross-examination. Depending on how things turn out, your witness could either work for you or against you.
Then there is the issue of “dragging” others into a mess they would rather not be in the middle of. If the court summons them to testify on your behalf after they have expressed to you that they don’t want to, your relationship may suffer as a result.
For this reason, it’s crucial to distinguish beyond a shadow of a doubt who is a valuable witness and who isn’t necessarily needed. One example could be using someone as a character witness.
According to criminal.findlaw.com, “Character is a general quality usually attributed to a person. When we say someone has “good character,” we generally mean they’re a trustworthy and decent person; but this is also somewhat vague and subjective.”
The article further points out that “the problem with using character evidence at trial is that it can distort the facts and prejudice the jury despite the material evidence.” This can be exemplified by the fact that, no matter how close you may think you are with the witness, you can’t control what they say once they’re on the witness stand.
As one can see, there are a number of things to consider before moving forward with a compensation suit. Though this article presents a few good points to think about, it is far from complete.
Many different facets of litigation exist, so contact a litigation attorney to assist you today.