legal and logical foundation for filing a lawsuit
There are so many questions that come up when dealing with lawsuits, one of the most asked is whether or not a Lawsuit should be filed and what are the main reasons why an employee would file for a Lawsuit. There are actually many reasons why in reality very few lawsuits that are filed ever result in any kind of victory, some of the main reasons are as follows: First: All attorneys are obligated to carry a legal and logical foundation for filing a lawsuit. Without this they cannot legally file a lawsuit. It is important that an attorney always has a well-drafted legal foundation for filing legal claims. Without having this it is entirely possible that an attorney may find themselves facing a Lawsuit that has no legal or logical basis.
Second: The chances of winning a Lawsuit against an employer who breaks the law is almost impossible unless the Attorney has solid evidence that the employer was aware of the illegal acts. If this happens, the Attorney is required to carry a very robust legal team that will fight these lawsuits tooth and nail.
Lawsuit are often required to pay legal fees
Third: Even if an attorney is successful at a Lawsuit, they are often required to pay legal fees. This makes it a very practical matter for an employee to seek the advice of an attorney if they feel that they will be unable to defend their Lawsuit in court. If a Lawsuit is won and the employee is forced to pay the costs of an Attorney then they often find themselves with a very depressed financial outlook. Again, many people consider a Lawsuit to be a frivolous lawsuit and often do not want to spend the time and money to file. So while a Lawsuit is not a frivolous lawsuit, it can be very difficult for an individual who lacks the experience and legal expertise to defend a Lawsuit.
Fourth: Many times individuals who wish to sue another person will attempt to force them into a Contract or enter into a long-term legal binding agreement that may have little to no real benefits to the litigant. While it is true that there are some cases that can be forced into a long-term legal binding agreement, there are also many situations where a Litigant is able to receive financial benefits from the opposing party providing they take advantage of a contingent fee scenario. Many times, when an individual wins a frivolous lawsuit they fail to obtain any monetary benefits, which often makes winning a contingency fee situation all the more attractive!
Fifth: Some individuals actually consider Law Suits to be a frivolous lawsuit. While it is true that many Lawsuits can be quite frivolous (especially those that involve workplace related Lawsuits), this is not to say that all cases merit such treatment. Again, many times an Attorney can obtain very substantial winnings on a Lawsuit that involves workplace related Lawsuits and they often use this as a reason to avoid going after an individual personally. However, many times if an Attorney is able to successfully sue an employer for wrongful termination (for example) the results can far outweigh any monetary benefits the Attorney might receive from pursuing the case. Therefore, it is important for an individual who is considering filing a Lawsuit to remember that sometimes the attorney fees associated with a lawsuit are absolutely nothing in comparison to the actual monetary award won on a frivolous Lawsuit. Therefore, while a contingency fee arrangement makes more sense for many different Lawsuits; those who are considering pursuing a Personal Injury lawsuit often find that pursuing such a lawsuit often requires very little legal strategy and can result in great monetary rewards.
Sixth: Another reason why many individuals try to avoid taking a Lawsuit that involves discrimination is because they simply don’t want to spend eight, ten, or twelve years trying to prove their discrimination claim. Unfortunately, this may not always be the best strategy when the plaintiff actually has evidence of discrimination. For example, if an African-American employee was terminated from his job for reasons that easily could be proven with hard evidence, he should still be able to proceed with a Lawsuit; however, if the plaintiff only has proof of two years of employment, it is unlikely that the evidence will be sufficient to obtain a Lawsuit of wrongful and/or discrimination.