If you are filing a lawsuit or if someone has filed one against you, it can be tempting to try to cut out any lawyers from getting involved. It can save you money and give you more control over the process of handling the lawsuit. However, this is generally not advised as it can lead to a number of other problems that you might not think of. Here are three potential pitfalls that come with handling your own lawsuit.
Not Knowing Courtroom Procedures
One of the big problems that you might have when handling your own lawsuit is that you will not know the standard courtroom operating procedures. When you don’t know how to handle yourself in the courtroom, you might annoy the judge or get your case thrown out. You need to know when to object, when to present evidence, when to make a motion, and when to be quiet. If you do not handle or procedures correctly, there is a good chance that you will run into problems along the way that could negatively affect the outcome of your case.
Determining Fault
Another reason that you may not want to handle your own lawsuit is because it can be difficult to determine fault in these cases. For example, if you are suing someone over a traffic accident that hurt you, then you might be partly at fault. A good lawyer who is experienced in these cases will know how to assign fault. For example, if you pulled out on the road when you shouldn’t have and got side swiped, then the wreck is partially your fault, if not all your fault. If you try to file a lawsuit when you don’t have any business doing so, you could waste valuable time and resources. Your lawyer will be able to look at historical precedents and figure out a percentage of fault that makes sense for you.
Determining Damages
When you are filing a lawsuit, it can be very difficult to determine how much money you should ask for in damages. There are so many different variables that have to be taken into consideration, it is sometimes hard to put a price on them. For example, how much do you ask for to cover pain and suffering? How much money did it cost you to miss work? Did you miss out on future job advancement or future work opportunities because of the accident? It’s very difficult to determine a dollar value for these things. A good lawyer will be able to help you figure out exactly how much money you should be asking for and possibly how much you should settle for. If the person that you are suing decides to settle outside of court, you may need to negotiate and figure out how much you’ll take. While the lawyer will get his share of the settlement, he can often more than make up for the money that he’ll charge.
If you are considering handling your lawsuit by yourself, you have that right with the court system. Just make sure that you think about all of the potential ramifications that come with doing it. You might negatively affect your chances of winning the lawsuit and you’ll definitely use up a lot of your free time. Only if you can handle this, is it an option to consider.
[author] [author_image timthumb=’on’][/author_image] [author_info]Legal assistant Rob Pringle enjoys writing helpful articles with sound legal advice for his readers. Rob has also contributed to the educational article “How Do I Become a Legal Assistant?” for people who are interested in beginning a career in law.[/author_info] [/author]
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