To Sue or Not to Sue?
Let’s say you’ve been injured on the job or in a car accident. On one hand, you need to be compensated in order to pay for any resulting medical bills, repairs, or lost wages…but on the other hand, how do you know if you have a “good case” or a case at all? Is it even worth it? Here’s what you need to keep in mind.

What Makes a “Good Case”?
First and foremost, you have to have been injured which usually comes in the form of physical injury or monetary damage. Second, the injury must have been caused by the party you intend to sue. In worker’s compensation and bad faith insurance cases, often a breach of contract from the opposing makes a “good case.”  Contracts cannot be considered valid unless they have each of these four elements:

  • An offer from one party to another in exchange for something else.
  • Acceptance occurs when the offer is agreed to.
  • Intent in relation to contracts simply means that both parties entered the contract on purpose, fully aware of the legal implications.
  • Consideration is the final element. It is the product or service that is exchanged. Without consideration, the product or service essentially becomes like a present, therefore deeming the contract invalid.

Verbal agreements are just as binding as written contracts, as long as the terms can be enforced. This can be tricky, because when nothing is in writing, the evidence becomes dependent on witnesses and the interpretation of the agreement in the eyes of both parties. The courts cannot enforce a contract with poorly defined conditions that are not documented. However, if you can prove that terms of the contract have been followed by the other party in the past, your case will go more smoothly.

Can You Collect?
If you can’t collect, well, there’s no point in going to court and trying to get a judgment. Most reputable businesses and individuals will pay you what they owe or have insurance that will kick in to take care of the damages; but if they don’t have it, they can’t pay you. Even more unfortunate, the court won’t collect your money for you or even provide much help; it will be up to you to identify the assets you can grab.

Normally, if an individual is working or owns valuable property — such as land or investments — collection is not too difficult. You can instruct your local law enforcement agency (usually the sheriff, marshal or constable) to garnish that person’s wages or attach his or her non-exempt property.

For a successful business, especially one that receives cash directly from customers, you can authorize your local sheriff or marshal to collect your judgment right out of the cash register. And in many states, if you are suing a contractor or other businessperson with a state license, you can apply to have the license suspended until the judgment is paid.

However, if you can’t identify any collection source — for example, if you’re dealing with an unlicensed contractor of highly doubtful solvency — think twice before suing. A judgment will be of no value to you if the business or individual is insolvent, goes bankrupt, or disappears.

Be sure to keep in mind that in most states, if you don’t collect within a certain amount of time, you lose the right to collect at all unless you renew your judgment.

Bringing a “good lawsuit” can be complicated, considering the various requirements and all the potential missteps that can occur, it is best to consult a personal injury lawyer who can help you decide how to proceed with your case.

For a free consultation, call us today at 816-531-6006.