Is It Worth Filing A Lawsuit?

Is Filing a Lawsuit Worth it? 

Alright. Let’s say you’ve signed a contract with a gardening company that agreed to sell and plant 20 Gallica roses in your business’ lobby.  The contract requires the gardening company to perform the services before becoming entitled to receive payment from your business. The gardening company was supposed to perform 2 months ago and, instead, the gardening company continues to make promises that they’re working on your order and are acquiring the Gallica roses. Another month goes by and they still don’t have your order. The gardening company has missed their time to perform under the contract. So, is it worth it to sue the gardening company? 

The overarching consideration that needs to be determined is what the ultimate strategy and purpose is in bringing the lawsuit. There are a variety of reasons you might want to file a lawsuit. The most common reasons include money, performance, protection, principle, future considerations, and, of course, justice. 

For example, if the gardening company agreed to sell you 20 Gallica roses at the cost of $20 a plant, but you had to buy them from an alternative company for $35 a plant, you might want to sue the gardening company to pay for the additional money you had to dish out to receive the plants you had bargained for. As another example, if the gardening company agreed to sell you 20 Gallica roses, the particular Gallica roses are extremely rare and difficult to find, the company had the roses in stock and then sold those same roses to another company for $40 a plant – leaving you without the Gallica roses, you might want to use the gardening company to divulge those profits to you since the company technically sold “your” roses to a third company. 

Then, consider the smaller factors to determine if the lawsuit is worth it: (1) do you have the money to sustain litigation, (2) do you have the time and energy to sustain litigation, (3) is the law on your side or your opponent’s side, and (4) are the facts of the case on your side?

Do you have the money? 

Having adequate financial resources before filing a lawsuit is crucial. It allows you to cover the initial costs associated with initiating legal proceedings. These costs may include filing fees, court costs, deposition expenses, and expert witness fees. Without sufficient funds, these expenses can quickly become overwhelming and hinder your ability to pursue your case effectively.

Second, having financial stability provides you with the flexibility to pursue your case without undue pressure to settle prematurely. Settling early may result in a less favorable outcome, as you may be forced to accept a lower compensation amount due to financial constraints. Having financial resources allows you to negotiate from a position of strength and hold out for a settlement (or trial) that is fair and just.

In addition, having money can help you manage the emotional and psychological toll of litigation. Lawsuits can be lengthy and emotionally draining, and having financial resources can alleviate some of the stress and anxiety associated with the process. This can allow you to focus on your case and maintain your well-being throughout the proceedings.

Having sufficient financial resources before filing a lawsuit is essential for ensuring a successful outcome. It allows you to cover the initial costs, maintain your bargaining power, and manage the emotional stress of litigation. Without financial stability, pursuing a lawsuit can become an uphill battle, jeopardizing your chances of obtaining a favorable resolution.

Do you have the time and energy? 

As stated, lawsuits can be lengthy, emotionally draining and stressful. It also requires a significant investment of time and energy. 

Litigation is a time-consuming process that demands significant attention from the client. Clients are expected to actively participate in various aspects of the lawsuit, including reviewing documents, providing information, attending meetings, and testifying in court. Without adequate time and energy, it becomes challenging for clients to fulfill these responsibilities effectively.

Litigation can be emotionally taxing, requiring clients to manage stress and anxiety throughout the process. The emotional burden can be compounded by the demands of the lawsuit, such as meeting deadlines, preparing for depositions, and attending court hearings. Without sufficient time and energy, clients may struggle to cope with the emotional strain, leading to potential burnout and hindering their ability to make sound decisions.

Litigation often requires clients to make informed decisions about their case, such as evaluating settlement offers, choosing legal strategies, and providing consent for various actions. These decisions demand careful consideration and analysis of complex legal issues. Without adequate time and energy, clients may be unable to dedicate the necessary thought and attention to these critical decisions, potentially jeopardizing the outcome of their case. 

Having enough time and energy is essential for clients to effectively participate in litigation and achieve a favorable outcome. The time demands, emotional strain, and decision-making responsibilities associated with lawsuits necessitate that clients approach the process with ample time and energy to ensure their active engagement and well-being throughout the proceedings.

Thankfully, hiring an attorney can significantly alleviate the client's responsibility to analyze and actively monitor their lawsuit. Attorneys possess the legal expertise and experience to handle the complexities of litigation, freeing up the client's time and energy. They are responsible for understanding the legal nuances of the case, drafting and filing legal documents, communicating with opposing counsel, and representing the client in court. This allows the client to focus on their daily life and well-being, knowing that their legal interests are being diligently protected. 

Attorneys also play a crucial role in analyzing the strengths and weaknesses of the case, identifying potential legal issues, and developing effective strategies to maximize the client's chances of success. They continuously monitor the progress of the lawsuit, keeping the client informed of important developments and ensuring that deadlines are met. This proactive approach ensures that the client's rights are safeguarded throughout the litigation process. 

Is the law favorable to your position/strategy? 

Before filing a lawsuit, you / your lawyer needs to determine whether the law is favorable to your position and legal strategy. In the event California law (federal laws, state laws, statutes, orders, cases/legal opinions, municipal codes, etc.) doesn’t favor your position or legal strategy it’s going to be relatively impossible to win the lawsuit and thus fruitless to bring a lawsuit. If, on the other hand, the law favors your position or at least provides the opportunity to bring a lawsuit with potential. It becomes easier to determine that filing a lawsuit is worth it. Filing a case knowing it’s an absolute loser can be a tragic occurrence and shouldn’t occur. 

Are the facts favorable to your position/strategy? 

Before filing a lawsuit, you / your lawyer needs to determine whether the facts and circumstances of your matter is favorable to your position and legal strategy. In the event the facts and happenings don’t favor your position or legal strategy it’s going to be relatively impossible to win the lawsuit and thus fruitless to bring a lawsuit. If, on the other hand, the facts favor your position or at least provide the opportunity to bring a lawsuit with potential. It becomes easier to determine that filing a lawsuit is actually worth it. Filing a case knowing it’s an absolute loser can be a tragic occurrence and shouldn’t occur. This section was pretty much a copy and paste from the preceding section. 

As a thank you for reading, here’s your bonus section: 

Can the Defendant pay you? 

If you’re thinking about suing someone for money. Do your best to determine what that person’s capability of paying you is. Otherwise, spending money to bring your lawsuit really may not help you achieve your ultimate purpose for bringing the suit in the first place. 

Shaunt Oozoonian, Esq.

Oozoonian Law Corporation