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The Civil Litigation Process: Is Going to Court Worth It?The civil litigation process isn’t always worth pursuing. As we’ve seen, small claims courts don’t always offer enough of an award to pay for your damages.This leaves you hanging, or having to take your case to the next level in the civil litigation process. In both situations there's still the matter of higher costs and higher risk. There's always a chance the judge won't award you anything. The first thing to look into is how much money you can win if you go through the civil litigation process. If your case is the kind that would go to small claims court, then research your state imposed limits. It won’t be worth pursuing a civil case if the payout potential isn't big enough. If the judge can’t legally award you an amount that's close to the amount of your damages, there's not much point in pursuing it. This might only leave you the option of hiring a lawyer and starting a full blown civil case. In most states the difference between small claims limits and the potential amounts from going to formal court can be quite large. If you're damages are extensive, you've suffered serious or permanent injury, or fall into any of the personal injury categories we discuss here, you must hire a lawyer to file your lawsuit. A formal personal injury civil lawsuit can be quite expensive. Your lawyer will almost certainly be working on contingency, but all legal fees and court costs get subtracted from the final settlement amount before your lawyer takes their fee. A full blown civil case will also take more time than you originally intended to put into your claim. Injury lawsuits can take years to resolve. With any type of civil litigation there's a chance you'll wind up with nothing, no matter what limits are imposed. Tips for Taking Your Case to Small Claims Court: This is why it's important to look at your case very carefully before filing the final papers in small claims court. Go over your case and make sure it's sound. You have to be able to prove the defendant's liability. Then, no matter what kind of proof you have, make sure you can present your case in a short period of time. If need be, practice in front of friends or family and see if you can make a convincing argument in just a few minutes. You should also review the case from the other side... Do they also have good arguments? Are you able to counter those arguments? Will they be able to make you look bad in front of the judge? If you’ve carefully weighed your options and feel confident you can get a higher award from a small claims court judge than from the adjuster, it's a good idea to speak with an injury lawyer. An experienced personal injury attorney might be able to tighten your case and help you come up with better arguments. Of course, if you end up going through the formal civil litigation process you’ll need to hire a lawyer to take over your case. Chances are, a lawyer won’t even consider the case unless they think they can win. Return from Civil Litigation Process to How to File a Lawsuit Return from Civil Litigation Process to Personal Injury Settlement Guide How Much Is Your Case Worth? Find out NOW! Complete this form for a FREE case review by an experienced attorney... The accuracy of information on this site is not guaranteed. Information on this site is strictly opinion and should not be considered formal legal advice. Under no circumstances should the information on this site be used to make decisions about the proper course of a legal matter. Click below to read our full User Agreement, Disclaimer and Copyright Information.
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