There are many instances where someone else’s wrongdoing can have a costly and negative impact on our life. Filing a legal claim can be a way to hold them accountable and receive financial compensation. With the help of an attorney, making a legal claim can often be straightforward. However, you need to be wary of certain obstacles that could decrease your chances of making a successful claim. Below are some of the common obstacles that stop people from filing a successful lawsuit and how to overcome them.
Legal fees
Filing a lawsuit can come with fees that can range from a few dollars to thousands of dollars. It depends on the complexity of your case and how much compensation you’re trying to claim. While any compensation you win could cover these costs, you need to be sure that a) you will win the case, and b) the person you’re suing has the available funds to pay you. There are measures you can take to protect yourself such as hiring a ‘no win no fee’ solicitor, building a strong case from the start and being realistic about how much compensation you can reasonably claim.
Time limitations
After an incident occurs, there is a limited window of time in which you can file a lawsuit. This is often known as the ‘prescriptive period’ or more commonly the ‘statute of limitations’. For many claims in the USA, you have a five year period to make a claim, however there are many exceptions depending on the case and location. For example, the statute of limitations for personal injury claims in New Mexico is only 3 years, and in California only 2 years. Meanwhile, that statute of limitations for wrongful termination is 5 years in Florida but only 180 days in Texas. Always look up this time period and make sure you file in time.
Lack of evidence
A lack of evidence will make it hard to file a successful claim. It’s important to consider all the possible forms of evidence including written evidence, photographic evidence, video footage and witness statements. To protect yourself in the future, always make sure important agreements are confirmed in writing. Take photos of incidents as soon as they occur, or set up video cameras such as workplace CCTV cameras or dashcams. As for witness statements, consider bringing someone along to important events such as purchasing a car from a private seller.
Unreliable witnesses
Witness statements are not always a reliable form of evidence. Witnesses can forget details or may even retract their statement if they decide they no longer want to make the claim. Make sure that you get witnesses on your side and try to make the process as non-stressful for them as you can so that they don’t retract their statement.
Poor reputation
Winning a legal claim can be much more challenging when your past mistakes and misdemeanors can be used against you. For example, suing a customer for genuine defamation could be difficult if your company already has lots of other negative customer reviews. Try to take steps to boost your reputation once you notice it going downhill so that you’re not taken advantage of.
