"I WILL SUE YOU!” - IS IT REALLY THAT EASY THOUGH...?

14 July 2021 857

Suing is no foreign concept and the phrase ”I will sue you” is just as loosely and freely used in our communities. However, there is a lot of misinformation that comes with this in regards to what ”suing” actually means, i.e the matters that fit the definition, the parties that can sue, the procedure thereof as well as the alternative measures at the disposal of a distressed party. Often times, this lack of information results in misinformed decisions which result in financial strain as well as wasted time and effort.

Anyone can institute a lawsuit against another individual as well as business entities or organisations. There is more than just one reason why an individual would want to “sue” or legally put, to institute a civil lawsuit against another person. The most common reason people threaten to sue in our day and age has to be defamation, money owed and damage to property. These type of civil matters in essence comprises of one party claiming that himself  as an individual or a business has suffered an injury at the hands of another person (intentionally and/or negligently) and prays for compensation for the damage suffered.

Proving a civil case in most cases is not as complex as one might think, in small matters, an individual may take up their case with the small claims court for relief without any involvement of a legal representative. However the more money is involved and the more complex the matter, it is advisable to get services of an attorney with experience in the type of law relating to your case for guidance throughout the process.

Most civil cases will be settled out of court while some will go to court.in court, the facts of the case will be of utmost importance as they will determine the accuracy and how convincing the evidence presented by each party is in order to assist the court to reach a verdict as well as determine the amount of money to be paid to the plaintiff.

With all that being said, it’s important to remember that you may sue anyone but it is important to remember the above mentioned as well as the type of evidence you intend to rely upon. Civil cases are very broad. The first thought before you can sue in addition to the abovementioned is that; every case is different and the outcome of your case will be determined by the facts and evidence you present . In more complex cases, valuable and precise evidence is your best bet.

 

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