by Trish Austin

Created on: April 14, 2010   Last Updated: June 18, 2011

How do you know if you should sue or not sue. Have you been seriously wronged? If you believe you have been then you need to seek a lawyers  advice on the matter.  A lawyer has the expertise to know if  you have  a cause of action. With out a cause of action or a claim against another  there is no right to sue. Furthermore without a cause, the individual and the lawyer could be threatened with filing a frivolous lawsuit. No reputable lawyer wants that on their record.

Once the lawyer  has heard the facts from the you.  The cause of action will become clear to the attorney. Or after hearing the facts ,the lawyer will decide that they don't uphold any cause of action and you don't have the right to sue. However, if your case definitely has a cause of action or claim, the attorney will explain to you what type. There are many different claims of actions. For example, tort based,contract based, fraud, slander,assault and  medical malpractice. It depends on the facts of the case. After the cause of action has been determined by the lawyer and this has been explained to you.

The damages will be surmised. Even at this stage the lawyer could tell you that it wouldn't be in your best interest to sue because the damages aren't great enough. For example, the damages might not  even cover the legal fees. Or  there are no damages. For example, hurt feelings are not damages. Damages have to be tangible in the eyes of the law. Severe emotional distress does count in some instances, but this is a lot different than hurt feelings. A lot depends of cause of action as to the type of damages are determined and how. Damages range from punitive loss of consortium. The type of damages depends on the cause of action and how you were actually harmed by the incident.

So, if there is a cause of action and substantial damages, the the lawyer  will recommend to file a suit.  If either of these two elements are missing or are deficient,the lawyer will advice you not to sue. Once the suit is filed. The good news is that most cases never go to trial. 99% of lawsuits are settled out of court. The only exception to this maybe medical malpractice suits. However, in the event of an iron clad case , those settle out of court too.

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