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Law - Can I Sue?
The generic answer is:
YES, YOU CAN SUE
Anybody can go down to the clerk's office, pay
the filing fee, and file SOMETHING.
But "CAN I SUE" is the wrong question.
The real question is "IF I SUE, CAN I WIN?"
And a subsidiary question is "IF I WIN,
CAN I COLLECT, OR ENFORCE THE RELIEF I'M SEEKING?"
The basic questions to ask yourself before filing
any civil lawsuit, are:
Does the Court have the ability to acquire personal
jurisdiction over the defendant(s)?
Does the Court have subject matter jurisdiction over this
type of case?
Do all the elements of this type of case exist?
For example, in a common-law tort case, DUTY, BREACH, CAUSATION,
DAMAGE, REMEDY
In a statutory-based lawsuit, are all the elements of the
statute included in the claims?
Has the Statute of Limitations run out for this type of case
in this Court and jurisdiction?
Is the Defendant Immune from Suit?
Are there enough damages to make a Lawsuit worthwhile for
me?
Is the defendant likely to countersue me?
Will discovery force me to reveal secrets I'd rather not?
For example, if I claim medical harm, my whole medical history
may become public.
Does the defendant have the resources to fight me in court?
Can I manage a court appearance, the rules of procedure and
evidence, even a jury trial?
If I lose, will I be held liable for paying the defendant's
attorney fees?
And --- if I win --- CAN I COLLECT?
Does the defendant have money or assets upon
which I can execute a
judgment?
Will the defendant, after the whole thing is lost by him,
declare Bankruptcy.
disappear, or hide his assets so as to be "judgment proof"?
These are only SOME of the considerations in
deciding SHOULD I SUE?
Sometimes, you'll not be able to manage suing
without hiring a lawyer.
Sometimes, you can do it yourself with help
from a competent, seasoned, experienced legal educator / document
preparer.
That's what I do.
Bob Hirschfeld, JD
PO Box 696, Lukeville AZ 85341-0696
011 52 638 382 0214
nolawyer@nolawyer.com
http://www.nolawyer.com/canisue.html
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