Do You Have a Case? | Mart G. Fendley, Attorney at Law

You can file a lawsuit

The decision to actually bring a lawsuit should be carefully considered with any attorney you meet and discuss the case with. The attorney's analysis of your case should be shared with you. This can assist in the selection of counsel and can give you additional information to compare attorneys. It should also heavily influence your decision to proceed. If you search long enough and hard enough and offer the right financial considerations you can probably get a lawyer to bring almost any case.

But should you?

There are generally three major factors that will determine if a person should bring a lawsuit. The factors are simple, but in analyzing these factors there can be some substantial complexity.

First: Is there liability? Can your case be brought before a judge and or jury and be won? It is usually the most complex question to answer. This often complex question must be considered in connection with the final two questions. No meaningful discussion of the question of liability can be had without all the relevant facts of a case and the applicable legal principles involved being carefully considered. Therefore this analysis will normally take place in a meeting with prospective counsel. This is why it is critical to fully disclose all you know to your prospective attorney.

Second: Are the damages sufficient to make bringing a lawsuit practical? When you are considering bringing a lawsuit, what is the injury and actual harm that has been suffered? You will possibly need legal advice to fully consider the question. However, good common sense will normally be sufficient to answer this question. After all, in our system, juries are usually asked to answer this question in the trial setting. So what would twelve people from, say, your neighborhood, your church or civic organization say about what has happened to you?

Third: Is there a financially responsible defendant? A huge verdict against a person or corporation without assets or insurance may be worthless and come at great effort and expense! So who is the prospective defendant? This question may also require legal advice and assistance. This is why our own insurance policies can be so very important.

To speak with a lawyer about a personal injury, criminal law or family law matter, contact the law office of Mart G. Fendley in Clarksville, Tennessee. To schedule a free consultation, call 931-266-4647 or contact us by e-mail.