Building a legal claim against a large company can seem like a daunting task, and this is perfectly reasonable. After all, this kind of lawsuit can yield significant compensation if you win, but reaching the finish line may take years of negotiating and legal maneuvers. No matter how clear-cut you believe your own claim might be, it is important to carefully consider a number of issues as you build your case and choose how to move forward.
Taking time to build a strong claim is an important part of seeking full compensation for your losses. If you rush this portion of the process, you may receive far less than you deserve, even if you win your case. The more you understand about your own claim and the factors that may affect it, the better tools you have to protect your rights and the more likely you are to see your claim succeed.
How strong is your claim?
It is often difficult to determine the strength of a legal claim without a good deal of legal experience. Even if you think that your claim is an obvious win, it is important to carefully assess the situation from a legal perspective. There may be some law that you do not know of that seriously impacts how your claim plays out, or you may have a smaller amount of time than you realize to file the claim.
If, for instance, you eat at a restaurant and then later experience food poisoning symptoms, you should not assume that you can automatically win a lawsuit over the matter. You must generally also prove that your illness occurred because of the restaurant experience and not something else you ate or some other unrelated cause.
Should you take your case to trial or settle out of court?
Let's assume that your claim is serious and that you have good reason to expect success. If the party that holds liability for your injury or loss sees the writing on the wall or simply doesn't want to get tied up in litigation, it may offer you a settlement. That's a good thing, right?
Maybe. Receiving a settlement is preferable to receiving nothing, for sure, but is it truly the best solution in your circumstances? If your claim is strong enough, it may ultimately benefit you more to take the matter to trial. On the other hand, reaching a settlement is often much faster, and can help avoid unnecessary legal fees.
How long do you have to prepare?
No matter what your legal issue may be, it is always wise to begin building your claim as soon as possible. In almost every case, there are limitations on how long you have to file a claim before a court no longer recognizes it, so you must begin exploring your options immediately to avoid missing this deadline accidentally.
Building a strong claim is worth the effort, but it doesn't happen automatically. Take great care to protect your own rights and priorities with a strong, well-researched claim using the highest-quality legal resources you have available.