It is amazing all the emails that come into my in box, every day; people asking for advice on a person who initiated a lawsuit. The simple truth is that unless you initiated the lawsuit yourself, you don’t have a case. I understand it; but most do not understand the point. Here is why a lawsuit initiated by someone cannot be a valid claim.
First, the person initiating the lawsuit must state with certainty that a defect existed at the time of the alleged incident. To do that, they have to be well versed in all of the precise legal wording relating to liability. Second, and perhaps more importantly, the plaintiff has to have a justifiable reason for initiating the lawsuit. You need to be able to back up your claims with real facts, rather than supposing things happen that you had no knowledge of. Third, you need to have a justifiable claim before a judge or jury.
I see a lot of questions asked on blogs and Internet forums about when should one initiate a lawsuit. Of course, a person who initiates a lawsuit has very little to prove, other than a time when they believe that a flaw existed. That is not enough! A person must show proof of a defect, in this case the breach of contract. The only way to do that is through a lawsuit. So, even if a person who initiated a lawsuit doesn’t have a case, he/she can always file a complaint to try to get damages.
If you are wondering if you can initiate a lawsuit yourself, the answer is yes. All that is required is to follow the rules and regulations governing litigation, including the statute of limitations. In order to win your case, you have to show that a person who initiated a lawsuit knew of a breach of contract. However, that does not mean that you cannot initiate a lawsuit on your own.
Once a person who initiated a lawsuit has sufficient evidence to show that a product or service is defective, it is up to the judge or jury to make a decision. They do not have to necessarily take your side. They also have the right to take business away from your competitor. But, if your competitor knows about the flaw in your product and tries to fix it, you may be able to show that they were violating the statute of limitations and thus, entitled to be compensated for their troubles. In the same vein, if a person who initiated a lawsuit knows about a flaw and tries to fix it, he/she may be able to get an unfair advantage over your company.
In conclusion, a person who initiates a lawsuit has very limited options when it comes to damages. The plaintiff can either be compensated for time missed from work, lost wages, etc, or they can elect to try the case in court and attempt to get an award for actual damages. If you choose the latter, you are going to need to hire an attorney to assist you in filing your lawsuit, and you should know how much they will cost you so you don’t end up with bad financial decisions. And, if you win your lawsuit, you will be on your way to a much brighter future, which is always a good thing to pursue.
