I get phone calls regularly from people who feel they have been wrongfully treated and want to sue. They want to know: Do I have a case? Am I going to win?
The matter may be for a breach of contract, a land dispute, a change of child custody, retaliation, challenging the validity of a will, removal of a trustee, fraud or libel, and slander. They come on strong on the outrageous conduct of the wrongdoer and how much they have been hurt. The facts sound good, and there may be damage. Before charging into the lawyer’s office, one needs to consider the following:
1. What are your money damages? Money damages mean that you have lost money due to the bad conduct of another. It could be you paid money for a product or service and did not receive the benefit of the bargain. It could be you made a bad investment based on false representations. When you talk to an attorney, be prepared to state what monetary damages you have suffered.
2. People assume you can recover money for outrageous conduct and emotional distress. Think again. Texas courts have put significant limitations on these types of damages. Emotional pain is recoverable only if the wrongdoer inflicts accompanying physical harm, and in general, one would have to provide evidence from a medical provider to prove the claim. For punitive damages, one must prove the wrongdoer had the specific intent to hurt or harm you.
3. Costs of litigation. Attorney fees are $300 to $500 an hour and up. Retaining expert witnesses runs into thousands of dollars, and deposition fees for court reporters and videographers run in the thousands of dollars per deposition: the discovery process, motion practice, preparation for mediation, and trial run into hundreds of hours. If you intend on suing and going to trial, be prepared to pay an up-front deposit in the thousands of dollars and several thousand dollars per month after that.
4. There is never a guarantee of success in going to trial.
IS THERE AN ALTERNATIVE?
Yes. I like to take those cases where the facts indicate a significant chance that a settlement can be reached or worked out without the uncertainty involved in leaving the decision to a judge or jury. There will be costs, but it will be a fraction of taking the matter to a full trial.
I have wide experience in the areas of insurance disputes, real estate, mortgage problems, probate, oil and gas, family law, contracts, and contractor fraud. If you have a legal problem in these and related issues, I invite you to call the Law Office of Elliott Klein for a free evaluation.