Our legal system offers multiple options for seeking justice, ranging from alternative dispute resolution methods like mediation to more formal processes such as arbitration and filing a civil lawsuit in court. This allows you to choose an approach that best fits the nature of the dispute.
Filing a civil lawsuit can be overwhelming, which is why many people unintentionally damage their own case before it ever reaches a courtroom. Understanding and avoiding common mistakes can help protect your rights and avoid costly mistakes.
Don’t wait too long to take action
Often, people delay taking action in the hope that the dispute will resolve on its own, or they’re unsure whether the issue is serious enough to go to court. Massachusetts has strict statutes of limitations for filing civil lawsuits. Once that deadline passes, your claim may be barred from moving forward, regardless of how strong the facts are. By waiting too long, you can eliminate all your legal options.
Watch what you share
You also want to avoid sharing details of the dispute with friends, family, coworkers or on social media. Statements that you make, especially online, can be taken out of context and used as evidence. Even your private messages can be used in a civil lawsuit if they relate to the case.
Don’t delete or discard anything that could be evidence
Conversely, you don’t want to delete or discard any of those online communications. Failing to preserve evidence is a common mistake. Emails, text messages, contracts and financial records can all play a crucial role in a civil lawsuit. Deleting or discarding them, even unintentionally, can weaken your case and may result in penalties.
Many people believe that the court will see they are in the right and rule in their favor. In reality, civil lawsuits are decided based on the evidence, the procedures, and the legal standards. Even a valid claim can fail if it’s not presented correctly or supported by the law.
Don’t try to go it alone
The biggest mistake that people can make is attempting to navigate the process without experienced legal guidance to help with strategy, evidentiary requirements and procedural rules. Their can make the difference between winning and losing your civil lawsuit.