Questions for an Attorney in Wilmington NC: When Should You Sue?

It might seem like it's an easy thing to file a lawsuit with the courts, but before doing so, it is important to determine whether or not you even have a case that's worthwhile of the court's time. As a result, there are three important questions you need to ask yourself before you seek the services of an attorney in Wilmington NC.

#1: Is Your Case Strong Enough to Take to Court?

Just because you were wronged or you wound up at the wrong end of a deal is not usually enough to warrant filing a lawsuit. Your case has to have enough evidence to back up your claim. Therefore, it's important to keep your emotions in check when considering the validity of your case.

To determine whether or not your case is strong enough to take to court, you need to meet certain legal requirements depending on the type of case you're looking to file.

For instance, if you want to sue a contractor for an unfinished job, then you're going to need proof that the contractor breached a legally-binding contract. This is usually a written agreement between yourself and the contractor detailing the work to be performed and the payment to be issued. You will also need to show that you suffered an economic loss as a result of the defendant's negligence. In this type of scenario, damages can include the money that was needed to be spent to complete the contractor's job or repair their mistakes.

Because every legal case is different, it is always recommended to have your case reviewed by an attorney who specializes in the type of case you're trying to file.

#2: Are There Alternatives to Filing a Lawsuit That You Can Pursue?

A court case can be timely and expensive for all involved. But, there are ways that you can avoid going to court and still get the damages you're due. This involves speaking directly with the other party and negotiating an out of court settlement. A settlement is usually mutually beneficial, so your damages might be lower than you might win in court, but the risk of losing is gone and the legal fees are significantly lower. Depending on your case, this alternative might make more sense than going to court.

#3: Will You Be Able to Collect if You Win?

Just because you win your court case, it is not a guarantee that you'll be able to collect your damages. What many people don't understand is that the court doesn't help you collect your damages; it only tells you what you are owed.

If your lawsuit is against a business or a reputable person, then you probably won't have a problem getting the money that's owed to you, but in the event that you're suing a disreputable contractor, there is a good chance that the contractor's company will go insolvent, file bankruptcy, or outright disappear, thus making collection almost impossible.

Need an Attorney in Wilmington NC? Call Bain & Rodzik Today!

If you have a case that you think needs to be heard in court, then you should seek the help of an experienced attorney. At Bain & Rodzik, one of our attorneys will review your case and help you decide whether or not it is strong enough to pursue in court or what you need to do to get it to that point. We can help you file your case and we'll represent you through the entire process so you can get the damages you're due.

Call Bain & Rodzik today at 910-762-1199 to schedule a free initial consultation with one of our experienced attorneys in Wilmington NC. And remember, with Bain & Rodzik, you don't pay us a cent unless we win your case.