Many people believe they can file a lawsuit and win it because they merely have a rightful claim. This could not be further from the truth. To win a case, you must have a ‘valid legal’ claim and present it to the court clearly and convincingly.
Several factors can influence the outcome of a lawsuit. Some of these factors include:
- Which side presents the most convincing argument?
- How important or relevant is this legal issue regarding society as a whole?
- How strong is the evidence on either side of the case?
- Are there any legal precedents that relate to this case?
- How well does either party involved in the lawsuit handle the legal process?
- What is the judge and jury’s perspective on the case?
- How much money is available to spend on legal fees?
So, if you want to increase your chances of winning a lawsuit, we suggest you follow a few steps. While there is no guarantee you will win a lawsuit, following these tips may tilt the scales in your favor.
Find a lawyer
You may be able to represent yourself depending on your knowledge, experience, and the state you’re filing a lawsuit in. However, it is best to find a lawyer to assist you with your case. Some cases, such as medical injuries and mesothelioma claims, can be pretty tricky. An experienced lawyer will be able to help you gather the evidence you need to win your case and present it clearly and convincingly. They will handle all aspects of the legal process, allowing you to focus on your professional and personal life. They will also provide expertise concerning legal precedents related to your case.
Choose a Judge or jury trial
In a jury trial, the jury members will deliberate together to deliver a verdict. A judge or jury will hear your case and decide the outcome. In a judge’s trial, the judge will decide on the case’s outcome.
Jury trials are generally more expensive than judge trials, and they can take longer to reach a decision. However, many people often consider them fairer because the jury comprises other individuals who can relate to the case or have sufficient know-how. Judge trials are often more biased because the judge may have personal biases or preconceived notions about either party.
Select the correct court
There are three types of courts in the United States: state, federal and tribal. State courts are located within individual states. These courts can hear both criminal and civil cases. State courts have jurisdiction over civil cases that involve more than $5,000 in claims. Federal courts are located within the District of Columbia and hear criminal and civil cases. Federal courts have jurisdiction over civil cases that involve more than $75,000 in claims. Tribal courts are located on reservations and hear both criminal and civil cases. Tribal courts have jurisdiction over civil cases that involve more than $50,000 in claims.
File the complaint
Once you have selected your court, the next step is to file the complaint. The complaint outlines the legal claims you are making against another party. It should also include your desired justice, remedy, or amount of money you seek in compensation.
It would be best if you served the complaint to the other party. You can do so in a few ways: by emailing it to them, having someone hand it to them, or posting it at their place of business. The complaint must also be filed with the court and paid a filing fee.
Once the complaint has been filed, the defendant will receive it and file an answer or a motion to dismiss. This is when evidence gathering takes place. If the defendant files an answer, they will admit to or deny each of your claims. If they file a motion to dismiss, they can argue that the case does not meet the criteria for their court to hear it.
If evidence suggests the defendant is liable, you can proceed with your case. If it suggests they are not responsible, the best option may be to settle with them outside of court. The choice about how to proceed will be yours and your lawyer’s, so you should discuss it together before making a decision.
Discovery is the process of gathering information from the defendant and others involved in the case. Doing so will help you and your lawyer build a better lawsuit. There are two types of discovery: written and oral.
Written discovery involves exchanging information such as documents, images, and answers to interrogatories. Interrogatories are questions your lawyer will ask the defendant or other parties involved in the case.
Oral discovery involves taking depositions, which are sworn statements given under oath. During a deposition, your lawyer and the other side’s lawyer will question the person giving the information.
Learn the elements of your case
It is essential to understand the elements of your case before you go to trial. The elements are specific facts you must prove to win a lawsuit. Once you understand these elements, your lawyer will determine your case’s strength and the evidence you require.
Some elements are more straightforward to prove than others. For example, if you slipped and fell at a grocery store because of a wet floor, the store would likely be liable. The store will probably argue it was not negligent, but this would be difficult to prove because you were there at the time.
Witness testimony is an integral part of any case. If you have any witnesses who can testify to the defendant’s negligence, you should have them speak to your lawyer. It will help your lawyer prepare for trial and increase the likelihood of a successful outcome.
Negotiate a settlement
Suppose you are unable to prove the defendant is liable. In that case, your best option may be to negotiate a settlement with them. Negotiation involves reaching an agreement with the other party, usually for money. A settlement is usually less costly and time-consuming than going to trial.
Win your case
How strong your case is will determine your chances of winning. It is best to have a strong case if you want the highest probability of success. The stronger your case, the more likely the defendant will settle out of court.
If you can prove the defendant is liable and they do not reach a settlement with you, you can win your case at trial. Suppose the judge or jury believes the defendant is liable. In that case, they will assign damages (the amount of compensation you are due).
Before you go forward with a lawsuit, be sure to consider all the possible outcomes carefully. Remember that your case may affect many aspects of your life. It may also be a good idea to consult with a lawyer who can provide you with guidance.