Before deciding to file a lawsuit, here are important things you should consider. First, determine if you have a good case. Reflect if you can accept compromise settlement, or if you really want to go for mediation. Is filing a lawsuit the only or the best option you have. You should also determine if you will really get the compensation you deserve if you file a lawsuit. If you have a negative outlook to these important points, it would be best not to file lawsuit.
To know if you have a good case or not, you must determine the cause of action and the elements required. An example of these elements is contract formation, a written contact between you and the other party. Another is the performance, which proves that you did what was written in the contact. There must be a breach of contract where the other party failed to do what was agreed upon. You must also have damages to show where you suffered economic loss because of the breach of contract that the other party committed. There are different required elements for each case; you must determine these elements with your lawyer before filing a lawsuit.
Filing a lawsuit must be the last resort; you must look for an alternative to settle the dispute outside of court. You can approach the other party and negotiate for a compromise settlement. You can also opt to hire a mediator who is neutral to help you and the other party reach your goals and arrive on a solution.
You must make sure that you can collect your compensation or you win. If the opponent party does not have the amount or asset to pay you your compensation, then it is futile to file a lawsuit.
To make sure filing a lawsuit is your best decision, you can consult with a lawyer first. If you are really willing to file a lawsuit, it would be best to hire a lawyer to get the compensation you deserve.
