Contributed post
In a world where litigation is rife, perhaps one does not need encouragement to consider litigation as a means for making money – yet, if you have been wronged, then it’s reasonable for you to be compensated.
In this sense, you will want to ensure that if you do have a claim against someone you will actually win the case, and make money as a result rather than just waste lots of time and money in the process.
The reason this is so important is that many court cases are emotionally motivated, in the sense that if someone has done something wrong to you – then you want to make them pay – but a court in any jurisdiction only has so much they can do, in terms of restitution and making you whole. The court cannot order someone to be remorseful or apologise, but it can impose a financial penalty that punishes the Defendant and compensates the Claimant.
In this vein, as once spoken by Mr Miyagi in the class film, The Karate Kid, “if must fight – then win”.
Here are some tips on winning your case:
GET REPRESENTATION
This might sound like a no-brainer, but navigating the complex legal administrative processes required can be challenging to even the most intelligent of people, and having professional representation from a firm such as Lichtenstein Law Group PLC can make all the difference.
This is especially true if the other side has legal representation, for they will probably endeavour to get the case struck out (meaning no further action will be taken) on a technicality of law, and whilst you might have a very strong contextual argument in terms of the facts of the case – if you cannot assert the correct legal foundation or submit the right paperwork, the case can fall at the first hurdle.
That said, if you are struggling to afford a solicitor then you can act as a litigant in person and the courts (at least in the UK) are becoming much more accommodating to those choosing to represent themselves, on the basis they appreciate it tends to be out of financial necessity rather than choice, and “access to justice” is considered a right that should not be limited to the privileged few.
BE HONEST
In addition to the very real, and somewhat serious, issue that you might commit perjury if you lie on your claim form or in court, asserting a case on the facts is hard enough as it is – without you having to be hypervigilant in terms of keeping congruent with a lie you’ve told, particularly when it comes to cross examination.
Therefore, whilst it might feel tempting to tell a white lie, or exaggerate a particular aspect of your claim, the court relies on evidence to substantiate everything you say and the process of trial is to get straight to the truth, so do yourself a favour and be transparent from the outset, even if the facts aren’t always in your favour.
NEGOTIATE OUT OF COURT
Remember, that many cases are never settled in court, they are settled either prior to trial or just before verdict.
Indeed, a lot of times the trial is almost a game of one upmanship where you each flex the muscles of your argument and then the judge or jury will come back with a decision, however, in most jurisdictions when it comes to civil matters, the two parties can always make a deal outside of court… taking out the gamble associated with a third parties judgement.
Therefore, don’t be afraid to negotiate a settlement in a similar way to how you should not be afraid to negotiate with creditors in order to manage your debt and get better credit.