Disputes can and do arise when you expect less. If it is you or your business being sued, or you need to start a lawsuit, winning the cause starts with thorough preparation. There are certain procedures and resources you can use in order to gain control and confidence, and reduce the stress of the situation.
Is your lawsuit timely?
If you are the one filing for a lawsuit, keep in mind that certain types of lawsuits need to be started within a specific prescribed period of time, known as the statute of limitations. In other words, if you are filing too late, your lawsuit will be dismissed. Before putting any effort into the process, talk with an attorney to advise on the statute of limitations.
Gather the evidence
Once you get your first lawsuit, you start valuing even more solid personal or business recordkeeping practices.
- Start with a list of all possible evidence you need, such as correspondence, documents, contracts, writings, records, photographs, etc.
- Check what evidence is in your archive, and what evidence you miss and for which you need to investigate how to access it.
Find your witnesses
Except you, who else lived the first hand any of the issues relevant to the lawsuit?
- Help your lawyer to identify the best witnesses, by making a list with people that could give testimony.
- Write down their names, contact information, but also their anticipated story about the situation, and how willing they would be to testify on your behalf.
Be financially prepared
- Estimate your costs. Search for information about filing fees and costs, litigation-related expenses, but also other earnings you might lose during the lawsuit.
- Start making financial plans and identify the resources you will need to make these plans possible.
When making these plans, if you file the lawsuit, keep in mind that the defendant could sue you back.
Pay extra attention to your communication
Everything you say or write before and during a lawsuit can be used against you.
- Before any relevant communication moments, consult with your attorney.
- You could adopt a “no comment” communication strategy, or explain that you or other people from your business if it is the case, are not at liberty to discuss the details of the lawsuit.
Contact us to help with the preparation and make it less overwhelming for you!