The law is a complex beast. It can be hard to tell whether or not you should take legal action when you’ve been wronged. But it’s very important that you research the matter thoroughly. You don’t want to end up filing something frivolous!
You have a right to take legal action against someone when you feel they have wronged you. Or, rather, you have every right to try! Unfortunately, this legal right is very often abused by people. The truth is that courts are flooded with claims that don’t really belong in a court of law. You’ve probably heard about ridiculous lawsuits in the past. You don’t want to be someone who is wasting the time of the court. Of course, what may seem frivolous to other people may be of the utmost seriousness to you.
The seriousness of your claim
The tricky thing about all this is that it can be hard to define “frivolous” when it comes to filing a claim. There are, of course, ones that are incredibly obvious. What you need to consider is legal merit. This might involve speaking to a lawyer about your case. After all, it can be difficult for you to judge something as frivolous or not when you see yourself as the victim! Of course, there are times where the claim is so obviously very serious that you shouldn’t hesitate to take legal action. Malpractice, accidents, faulty products, fires… These sorts of things, for example, should have you looking into personal injury claims.
Considering state laws
One of the trickier areas of this whole business is the fact that your particular state may prevent you from taking legal action. There are unique liability laws all over the world. What you could sue someone for in one state may be something you can’t sue anyone for in the neighbouring state. This is especially true if you live in what we call a “no-fault state”. This often relates to car accidents, but may relate to any personal injury. This means that you can’t take someone to court unless the pain and costs are really bad.
Expenses and compensation
What some may refer to as a frivolous lawsuit doesn’t always stem from a case that doesn’t call for compensation. At the end of the day, what often defines a frivolous lawsuit is that your chances of success were always pretty much zero. This doesn’t mean that someone didn’t do you wrong. But it often means that there were other avenues you should have taken to get compensation. Lawsuits, after all, are pretty expensive. Let’s say your injury is a minor one and hasn’t turned into a major one. You should probably look into settlements instead.
Consultation is the key
At the end of the day, what you should be doing is consulting with a lawyer. Many firms offer free consultation. This is in place to prevent either party wasting time and money. Your success is a lawyer’s success, so a good lawyer should be able to take you through the process honestly. If you feel you’ve been wronged, discuss the matter with a professional in the field of law before making any big moves.