Litigation or going to court with a case is not always the best solution to a situation. You may find that it is better to settle out of court.
Findlaw explains that you need to assess your case before you file a lawsuit. Doing this can help you to ensure that you have a solid case that will play out well in the courtroom. If you do not, then you can try to work out something in a settlement that will likely benefit you more than litigation.
Do you have a high-quality case?
Ideally, if you go to court, you want to be able to prove your case with no hesitation. To prove your case, you need to know the legal elements of the issue at hand. You must be able to prove every legal element.
If you consider the legal issue in your case, its elements and the evidence you have, you need to be able to see they all work together to easily show you are in the right and the other person is in the wrong. If you cannot do that, then you may not have a high-quality case.
Can you collect a judgment?
Litigation can be costly, so it is essential that you make sure you are fighting a case that you can collect on. The court can only make a judgment and tell someone they must pay you money. The court cannot make the person pay.
You should assess the other party. See if he or she can afford to pay you a judgment and will pay you. If you think there might be issues with collecting money from the other party, then you may not want to spend the money to litigate, and a settlement may be the better choice.