Bradley I. Kramer is a M.D, Esquire. at The Trial Law Offices of Bradley I. Kramer (http://www.biklaw.com/). In this video he discusses assessing the probability of winning a lawsuit.
- Consider the burden of proof: ability to prove claims
- Determine your witness credibility & documentation
- Assess your ability to collect damages awarded
There’s a lot of considerations that go into filing a lawsuit and one of those considerations certainly is whether or not you can win. Within that consideration the most important item to discuss is what’s called the burden of proof and that is can you prove your claims and in civil lawsuits the burden of proof means that you just need to prove a little bit more than the other side that something happened. Be it fraud, be it bridge of contract, be it an unfair business practice. It’s not like a criminal case where there has to be a beyond a reasonable doubt.
This is just what’s called a preponderance which means just slightly more than the other side. Also that what’s very important is an assessing whether or not you can win your lawsuit is your witnesses and the documentation that you have to support the testimony of witnesses. So within that domain you need to consider the credibility of your witnesses. Whether or not they’re willing to testify on your behalf and with regard to the documents what do they say. Were they signed by the other party? Can someone tell you whether or not those are accurate copies of those documents.
An additional consideration is going to be whether or not you can collect the damage award if you get one. Certainly if there’s an insurance company who is defending the action that’s going to make the collection of an award much easier than going after a small business with no history or even an individual.