Evaluating Commercial Litigation: Key Steps Before Filing a Lawsuit

May 27, 2020
By: Christopher Davis

Businesses often ask us about filing a lawsuit, and we usually counsel them to consider the following steps prior to filing suit:

1.  Have you tried to settle the matter?  Sometimes a threatening letter from a law firm or a “draft” lawsuit is enough to bring the matter to closure.
2.  Evaluate whether you have a solid case.  Don’t be emotional.
3.  Do you have the right evidence and witnesses to support your claims?
4.  Balance the cost of prosecuting your case versus a realistic outcome.
5.  Even if you “win,” can you collect your judgment?
6.  Consider if the defendant might file a counterclaim against you.

When litigation is necessary and appropriate, Davis Law, PLC a Chesapeake, Virginia based firm, works with clients to put together a realistic litigation plan with the goal of achieving big results.