1) Do you
have a legal leg to stand on? Did the person you
want to sue (defendant) actually legally wrong you?
People can do a lot of stupid things, but that doesn't
necessarily mean that what they do is illegal.
2) Has the statute of limitations
covering your legal issue expired? Many
states only allow one year to file a lawsuit from the time
of the incident, depending on the type of case it
is.
3) Do you have enough evidence to
win your case? Do you have unbiased witnesses or
tangible proof to convince a judge that you have been
legally wronged?
4) If you win, can you collect
damages from the defendant? Even if you cannot
collect today, it may still be worth suing because
judgments last for several years. You may be able to
collect from the defendant in the future.
The amount of damages for which you can
sue in small claims court varies from state to state, but
it is usually around $3,000. Colorado, at this
writing, had one of the highest limits ($7,500) and
Kentucky one of the lowest ($1,500). A few states
have no small claims court; in these, you will have to
hire a lawyer and file in a higher court.
If you need to discuss your case with a
lawyer, go
here. Some attorneys have free consultations,
and others charge a nominal fee to see if you really do
have a case.
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