Before Legal Advice Series: Do I have a Legal Case?
Whether you think you have a class action lawsuit, a personal injury claim, or a potential case for defamation, this article should apply to you.
Today's 'Before Legal Advice Series' is going to tackle what is likely the most commonly asked question in the legal field. This question takes many forms such as, "Can I sue?," "Do I have a legal case?," Do I need a lawyer?," and many more. We are going to try to give you some suggestions on how to tackle that question, and come one step closer to resolving your legal issue. As you read on be sure to remember, ReadyLawyers.com is not here to provide legal advice. We are only offering general legal information for your reference. The law can sometimes be complex and very particular to your situation. As always, we encourage you to follow due diligence when reading our articles and consult legal counsel as soon as possible. For further information, we invite you to visit our Disclaimer and Terms of Service accessible on the site. Without further ado, lets discuss our topic for the day.
For Starters: Who is allowed to sue?
Generally, in order to sue you must have suffered an injury due to the action or inaction of another, in violation of your civil rights under state or Federal law. The injury you suffer need not be physical, and courts are often willing to reward injuries incurred through mental duress, racial stigmatization, loss of property or other financial assets, and other non-physical damages. In some situations, a member of a group where someone suffered racial discrimination may sue on his or her behalf. In other situations, spouses of the injured party may also have a cause of action.
How do I know if I have a legal case?
Unfortunately the answer to this question isn't always a simple one. Factors such as the facts of the case, the nature of the injury, and the jurisdiction in which the injury occurred all serve to complicate the issue of whether or not you have a case. Your best approach is to find an avenue where a legally savvy individual (preferably an attorney) who is willing to hear the details of your case and asses if you can sue, and more importantly, if your chances of winning are high enough to warrant the legal expenses.
While searching for an attorney, look for terms such as "Free Consultation" or "Free Case Reviews." These terms indicate that the lawyer is willing to review your case and intelligently address the question of whether or not you have a legal case. The attorney's featured on this site should be a great start. When contacting them ask them direct questions, and do your best to get a real sense on where your legal issue stands.
Other Options
Beyond contacting an attorney, there are a number of other approaches you can take. However, taking the law into your hands is generally best left for a trained professional, and often the risk of being wrong, coupled with the effort, just isn't worth it. That being said, other ways to discover whether or not you can sue includes 1) contacting a local law school and visiting with the head of the department, 2) searching for similar cases online, and 3) visiting your local law library.
However, we highly discourage you from pursuing these three alternative methods. Considering that many lawyers are willing to talk to you about your case without any cost to you really makes that your smartest approach.
The Dreaded Statute of Limitations
It's appropriate for us to note the statute of limitations and how it may apply to your case.
The statute of limitations effectively gives an expiration date on your ability to take legal action. Sometimes the clock starts ticking when you are injured and other times it may begin ticking once you actually discover that you were injured (for example, imagine a worker who contracted cancer due to the negligence of his employer, but did not discover it until 15 years after he is infected).
Thus, it is important to be educated on how the statute of limitations applies to your specific legal needs. However, regardless of how much time you think you have, you should always act fast when it comes to suing. Time is often NOT on your side.
Questions
Questions? Comments? We invite you to partake in our new discussion for below. As always, we at Ready Lawyers wishes you the best in your legal matter, and look forward to hearing back from you soon.
Related posts:
- Before Legal Advice Series: How To Choose A Lawyer
- Before Legal Advice Series: Will I Go to Jail?
- Before Legal Advice Series: Introduction
