Let’s talk about the reality of litigation. The sad truth is our society has become ‘sue happy’ and litigation is now a part of life. Anyone at anytime, can take you to court. Everyday we listen to people considering suing someone to resolve their issue. Litigation should be a last result and several factors should be evaluated before you commit to filing a law suit.
First, you have to ask yourself, ‘is it worth it’? When someone has ‘wronged you’, you may feel that whatever was broken needs to be made whole again. Televised programs have taught our society that whenever something bad happens, repercussions follow suit. At McDonald Law Group, we know that litigation can take years to complete and have huge financial and emotional strain on the parties involved. After months of going to court, it is possible that litigation doesn’t result in your favor. Now you have spent time, energy, and your money to not win your case. As an attorney, we have to advise our clients of the potential risks involved when moving forward with litigation.
The next step when considering litigation is to use an alternative resolution method. Mediation or Arbitration are the best alternative resolution for any dispute. Both these methods involve a third party acting as a mediator for a resolution to be reached. Regardless of what method you choose, each party feels like they have been heard and the parties usually feel like they got a better deal than when a judge makes a decision.
Lastly, you need to consider if you will be able to recover after litigation is complete. You now know that litigation can take months even years before you receive a judgment in your favor. It is possible that after receiving a judgment, you won’t collect any of the monies granted to you. Because litigation is a long and expensive process, the opposing party could be left bankrupt. The same could be said for the party filing. After spending time and money into months of going back and forth to court, you could lose. It is possible that you are left with debts that need to be paid and are out of pocket for the legal costs of litigation. It is very important to consider the recovery process when deciding to move forward with litigation.
Regardless of whether you have questions or want to move forward with litigation, we are more than willing to discuss your options.
