Do you have a case?

If you are looking for an attorney, chances are you have asked yourself: do I have a case? There are some important guidelines that can help you answer this question.

First, you must evaluate the seriousness of the harm you have experienced. Attorneys are like surgeons: its better if you never need one. Just as you would only consider surgery if you faced a serious ailment, you should only consider filing a lawsuit if you have suffered a serious legal harm. Now, just as with doctors, you may simply want to speak with an attorney to get advice on a possible legal problem. And we are happy to help with that. This guideline is directed more to the question of when should you consider filing suit in court.

Ask yourself this: on a scale of 1-10, how bad is what has happened to you? Anything that is a “5″ or below is probably not worth suing over.

Let’s think of the worst thing that could happen to you, or a “10.” These are cases of wrongful death (i.e., your spouse is killed in a collision with an 18-wheeler) and permanent disability (i.e., you are paralyzed in an industrial accident, or suffer severe brain damage in a beating). At the “8″ or “9″ levels, we might find less severe physical injuries, which cause great pain and suffering, but are not permanent. These are cases where you have suffered an injury from which you will never fully recover, and you need an attorney to help you get the maximum compensation allowed by the law.

Down the scale, in the “7″ range are harms that are severe, but not permanent. In the employment context, we might find cases of severe sexual harassment (i.e., a woman is subjected to constant sexual profanity every day at work or fears she will be fired if she doesn’t submit to a supervisor’s sexual advances); debilitating racial discrimination (i.e., a racist boss fires someone solely because of his or her race, sending his or her family into financial ruin). In the civil rights context, we would find cases of a man is arrested without probable cause and forced to sit in jail for weeks or months because his family cannot afford bail). These are harms that you may ultimately survive, but which have profound and debilitating psychological impacts on your life. Something of this nature, falling in the “6″ to “8″ ranges are also matters that, because of their profound effect on your life, you are due compensation, and you need an attorney to help ensure that you get it.

Down the scale to “5″ or below, we have things that are “wrong,” but will not permanently affect your life. This is getting close to the sort of injustices and wrongs that all people experience simply by living in the world. In the physical injury context, we might think of minor burns or bruises, or a sprained ankle from a short fall. Something from which you recovery fully in a matter of days or weeks. In the employment context, a “5″ is a rude boss, or missing out on promotions to someone who is close family friends with the supervisor. In the civil rights context, this is being handcuffed somewhat too tightly when being arrested for a crime you actually did commit. These are things that happen to you that aren’t right, but that you will get past.

With almost every lawsuit, even if your attorney takes the case on a “contingency” basis (meaning you don’t pay by the hour, but your attorney takes a share of any award), there will be some out of pocket expenses to you. You will probably be responsible for court costs, deposition fees, and various costs such as copying and postage. These costs can run into the thousands of dollars. Therefore, unless you have suffered an injury that is worth well beyond a few thousand dollars, it is probably not in your best interest to hire an attorney.

Measuring the severity of your harm is the first step to deciding if you have a case. What has happened to you, and how has it affected your life? Is there no other way to remedy the harm other than going to court? Have you suffered economically, or is it more of an emotional harm?

If you have suffered a serious harm, whether physically, in your employment, or in relation to your civil rights, James Radford and the attorneys of Parks, Chesin & Walbert will be happy to consult with you. We can help you to determine whether the civil law provides you with a legal remedy for the harm you have suffered. And, of course, we are always available to advise you as to less serious injuries, or simply to educate you as to your legal rights in a given situation. Please give James a call at (404) 873 8000.