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5 questions to ask before suing a business

On Behalf of | Oct 8, 2021 | Business Law Litigation

Florida residents and most people across the country deal with businesses more often than they think. When you make a purchase or request a service, it is likely that you do so through a business, or, in some cases, more than one business. When something goes wrong, you may find yourself suffering damages due to the negligent, reckless or otherwise illegal behaviors of the company.

If this happens, you may have reason to hold the business accountable for the damages suffered. Possibly, you could attempt to resolve the matter with the business in a fairly easy and timely manner, such as returning an item to the place of purchase to receive a refund. Of course, other scenarios are not so easy to resolve, and taking legal action may suit your predicament.

Before pursuing a lawsuit

If you believe you have reason to file suit against a business, you may want to remember that it is a significant undertaking. You may also want to ensure that it is worth your time and effort from the start. Some questions you may want to answer before moving forward include the following:

  • Do you have a genuine legal claim to bring against the other party?
  • Have you approached the other party in attempts to come to a compromise?
  • Have you made a final demand to determine whether the other party is willing to find a resolution to the matter rather than going to court?
  • Is there a realistic chance that you will receive the award if the case rules in your favor?
  • Do you have the time, funds and ability to see a lawsuit through to the end?

In some cases, individuals assume that businesses have the means to cover the outcome of a lawsuit or that the court will make the business pay. However, there are instances in which that is not the case. A business that is already struggling financially may not have the funds to cover a judgment against it, and even if the court does rule in your favor, you have the obligation of collecting on the judgment. If the business cannot or will not pay, the court does not pursue compensation for you.

Moving forward with a claim

If you can confidently answer these questions and feel that you have reason and ability to pursue a lawsuit, you may want to look more into the process for doing so. Gaining information from reliable legal resources may allow you to better understand your specific options and how you could pursue the compensation you believe your circumstances warrant.

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