deep pockets

Should You Litigate?

by Fred Abramson

 Should You Litigate? Just because you may have a claim to start a law­suit does not mean you should.  Litigation can be expen­sive.  It is absolutely crit­i­cal to assess the eco­nom­ics in start­ing a law­suit before doing so. 

Dur­ing your ini­tial con­sul­ta­tion with an attor­ney, you have to con­sider the amount you are plan­ning to sue for, what relief you expect to be granted, and the expense involved in obtain­ing a judgment. If you are being sued, you must weigh the cost of defend­ing the law­suit against the price of set­tling the case.  Here are some fac­tors you should look at:

  • Cost of Lit­i­ga­tion.    You know that lit­i­ga­tion is expen­sive.  A case can cost any­where from $3,500.00 for a sim­ple mat­ter t0 hun­dreds of thou­sands of dol­lars for c0mplex litigation.
  • What are your resources?   Does your adver­sary have deep pock­ets?  Do you have enough money to fund your case to trial?  If you don\‘t have the finan­cial means, lit­i­ga­tion is not for you.
  • What is your emo­tional makeup?  I hate to say it, but lit­i­ga­tion can take years.  If you want to change the sys­tem, con­tact your local assem­bly per­son and ask for more court funding. 

If you have the finan­cial abil­ity and you are able to delay grat­i­fi­ca­tion, con­trol your emo­tions and think ratio­nally, then you should litigate.

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