When considering whether to file a lawsuit against someone, a significant amount of research is necessary. This research is vital for ensuring you have a legitimate claim. It's not enough to simply feel wronged or to have suffered harm and damages. You must be able to articulate the harm and damages in legal terms; otherwise, the legal system will not be able to help you. Thorough research is what gives you the knowledge to be successful in a lawsuit.
Translating Your Experience into Legal Language
The initial phase of preparing for a lawsuit involves a process of research and development. First, you must write down what you believe the other person did to harm you. Then, break down this complex narrative into simple bullet points, identifying the core "ingredients" or "elements" of the harm you believe was done. The next crucial step is to find the legal equivalent of the everyday English terms you've used to describe your experience. The language of law is distinct from common English, and legal terminology must be learned to pursue a legal path. This process is essentially a translation from plain English to "legal English," where words may have redefined meanings or multiple definitions depending on the context. You'll often find these definitions at the beginning of statutes or acts, where plain English terms are given new legal meanings. It's essential to define your terms and identify the specific legal words that apply to your situation.
Identifying and Testing Legal Theories
Once you have translated your plain English experience into legal terms, the next step is to identify the legal tests that apply to those words. For instance, if you believe you are a victim of misrepresentation, you need to understand the legal tests for "negligent misrepresentation" versus "fraudulent misrepresentation". Both deal with misrepresentation, but the key difference lies in the concept of mens rea, or a "guilty mind". Negligent misrepresentation occurs when someone causes harm without intending to deceive you, while fraudulent misrepresentation involves the intent to deceive and cause harm. This intent, or lack thereof, can be a critical element of the legal test. You must test your legal theories and ensure that your circumstances satisfy the necessary legal tests. This process, sometimes called "legal theory shopping," involves exploring multiple legal theories to find the one that fits your case best and gives you the highest chance of success.
The Importance of Factual Basis and Evidence
After settling on a legal theory, you must gather the facts needed to prove your case to the court. A strong case requires a solid factual basis and high-quality evidence to apply the legal test successfully. This involves weighing the quality of your evidence against the potential evidence of the opposing side. For example, a single piece of high-quality, solid evidence can be more valuable than multiple pieces of lower-quality evidence, such as hearsay or a witness's personal beliefs. You must also consider the credibility of witnesses, as a lie corroborated by multiple people can make a case difficult to win. A solid case is built on high-quality evidence that can convince a court of the truth of your claims.
Crafting a Winning Legal Document
The research and development phase culminates in the first legal document you file, which is often called the Notice of Action and Statement of Claim. This document outlines your factual basis, the background of the situation, the parties involved, and your legal theory for achieving a favorable outcome. This document must not only show that you can prove the elements of your claim but also that there is a form of relief or compensation that can be awarded to you. If a court determines there is no possible relief, the case can be dismissed. The goal is to create a "slam dunk" case—one that is easy to explain, supported by a strong factual basis, and likely to result in a victory.
The Strategy for a Favorable Outcome
A well-prepared case with a strong legal theory and solid evidence can lead to a more efficient and favorable outcome for everyone involved, including the defendants. If you serve the opposing party with a Notice of Action and Statement of Claim that clearly presents a "slam dunk" case, they may be more likely to settle out of court rather than spend time and money litigating a losing cause. This can result in a quicker resolution, such as a cash settlement, allowing you to move on with your life. Ultimately, successful litigation is about doing the proper research and defining your legal theory and strategy from the very beginning.