Winning a lawsuit is not always about being right. There are other factors that come into effect when pursuing a legal matter such as a lawsuit.
In this article, we will be going over some of the things you should look out for when looking to win in court.
Here’s the truth:
There are approximately more than 15 million civil lawsuits filed every single year in the United States. That’s an astounding number of lawsuits!
It’s possible that you might find yourself in such a situation one day, more especially if you are in the corporate world.
Always keep in mind that “Substantial Justice” is vital in a lawsuit. What this means is that you don’t exactly have to have perfect trial methods and techniques.
Having said that though, a fair amount of preparation will have to be done by yourself. You have to make sure that your case is not only prepared, but it is also presentable and very organized.
Let’s dive right in:
Keep A Trial Notebook/Journal
With so much going on in our daily lives nowadays, it’s important to keep note of, and remember important things we want to get done.
This will come in handy when in court. A notebook will help when jotting down things like:
- Your own testimony
- Arguments about why you should win the case
- Facts about the case
- Questions for witnesses
Just a simple high school notebook will do. The point is to remind yourself of important steps in the case. This will prove useful when you start receiving feedback from the trial like when the questions are asked and answered.
Be Aware of and Meet the Deadlines
As soon as the necessary documents are filed to start a lawsuit, the clock starts to tick on certain deadlines that you will have to meet. This ranges from a request for your case to heard, to outlining the evidence you have against your opponent in court.
Make no mistake:
Meeting a deadline in court is so crucial that if you fail to do so, you risk having your case thrown out of court. And you shouldn’t blame the judge, this is why the notebook is also important – to jot down deadlines!
Make Sure Your Evidence Is Admissible in Court
So you’ve drawn out an outline of the key facts on your case, but now what?
As soon as this is done, you can now concentrate on what types of evidence will be helpful in proving each key element.
But here’s the thing:
Not every single piece of evidence is accepted in court. There are set rules to determine whether a piece of evidence or legal information is admissible in the courtroom.
It will be your duty to find out whether an item, statement or document can make its way into the courtroom. But, don’t fret. It’s not necessary to be perfect at every detail of these rules.
Choosing Between a Judge and A Jury
Many cases differ in that there are those that can only be heard by a judge. But there are instances where you can put forth a request to have your case be heard by a jury.
For a lawsuit it’s best to have your case in front of a judge instead of a jury. This will make the lawsuit go smoother and give you a better chance at winning in court.
But if your opponent demands a jury trial, you will have to play the hand that you’ve been dealt regardless of whether you like it or not.
Do as Much Research as You Can About Your Case
Here’s a mistake a lot of people make:
A lot of people assume that you can just walk into a courtroom and demand money from the opposing party. This is not how it works. Each and every type of legal matter has many elements that will need your attention for you to win. This includes your lawsuit’s legal information as well.
Careful planning and execution is vital.
For example, in a legal dispute over a contract, you must be able to prove that a contract was gone into, that you delivered as per the rules stipulated on that contract and eventually prove that the other party or your opponent failed to hold up their end of the bargain. And that you were harmed as a result of them not following the contract.
All these elements must be able to be proven by you.
A lot of research will uncover all details that you would need in order to sufficiently prove your case in court.
Review All Financial or Money Details in Your Lawsuit
Lawsuits are generally about the money. It will be in favor to establish as well as you can, how much you are entitled to. This is of course if you are looking for monetary damages.
If you low-ball the cost, or ask for too little, it will only prove that you weren’t diligent in your research. So take the time to do the financial research and put forward the most accurate legal information as much as you can.
Which leads up to our final tip:
Extra Tip – Draw Up an Appeal
Having done all that you can to prepare your case for trial, it is never a good idea to assume that you will win. Prepare a back-up plan in case things go south.
This is not to say you should go in with a pessimistic approach but it means that you should be as organized and prepared as possible to allow you to respond to every challenge that your opponent throws at you.
Having a verified record of the court proceedings and presenting your information in a logical manner and, proper objecting, when necessary, are just some of the things you should try when preparing for an appeal. Not only will they give you a lot more confidence, but they will also allow you a better second chance at winning in court.
These tips may not be the end-all and be-all that you need to win a lawsuit. But they give you great confidence in knowing you have done everything to give your lawsuit the best chance of winning.
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