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Things You Need to Consider before Filing a Lawsuit

Here are a few things you need to consider before filing a lawsuit

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Here are four things you need to keep in mind before filing a lawsuit. Pixabay

No one wants to end up in a courtroom, but sometimes you don’t have any other choice. If you feel that you have been wronged in some way or you have a dispute that you cannot settle on your own, then you may have no choice but to file a lawsuit. This is a big decision and not something you should enter into lightly. It is important that you know exactly what you are getting yourself into.

Here are four things you need to know before you file a lawsuit

Do You Have a Case?

Obviously, it is a good idea to establish whether you actually have a winnable case or not long before you enter a courtroom. You don’t want to sink lots of time and money into a case that’s going nowhere. Most attorneys will be happy to offer you a free consultation to decide whether it is worth hiring the services or not. So, it is worth arranging a meeting with an attorney near you.

What Do You Want Out of the Process?

What do you want to get out of the process? Do you want to get some financial compensation? Or are you only looking to get an acknowledgment of wrongdoing and an apology? There is a multitude of different reasons that people file lawsuits, it is important to understand and exactly what it is that you want out of the process from the beginning. Things aren’t necessarily going to go your way, and it is important that you can manage your expectations from the beginning. You don’t want to end up disappointed when you realize that the outcome you were expecting is not going to materialize.

If or when you sit down with a lawyer, it is important that you discuss with them what it is that you are hoping to get out of the case. They will be able to tell you whether your expectations are realistic or not, and if necessary, they can help you adjust them to something more realistic.

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It is better to set up the case out of court and save time and money before filing a lawsuit. Pixabay

Have You Tried to Settle the Case Without Litigation?

In some cases, it is better to set up the case out of court and save yourself some time and money. The time and money that you spend fighting a court case is time and money that you’ll never ever be able to get back. Of course, some things can only be settled in a courtroom, and in some cases, the remedy that you’re pursuing can only be awarded to you by a court. However, if there is a possibility of reaching a settlement or agreement with the subject of your lawsuit this is an avenue that you should explore.

Do You Know What Kind of Lawyer You Need?

Different fields of the law will be handled by different lawyers, you need to find one that has the appropriate specialty to take on your case. You need a lawyer that not only has experience in the area of law most relevant to your case, but also one that has experience arguing cases in the state where your case will be heard. If at all possible, you should look for someone with even more localized experience than this.

For example, if you were pursuing a wrongful death suit in Philadelphia, you would consult a Philadelphia wrongful death attorney, not one based elsewhere in Pennsylvania.

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Having the right attorney on your side will ensure that everything that follows progresses as smoothly and easily as possible. The last thing you want when you are halfway through the litigation process is an unexpected surprise that derails your entire case. Working with an experienced attorney is the best way of avoiding this.

If you are sure that a lawsuit is the way to go, then it is important that you enter the process with both eyes open. It is always worth speaking to an attorney beforehand, as most will offer you a free consultation.

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Mercy for the Nirbhaya Rapists?

Gender discrimination is the root of many evils. While keeping the aspiration of females down, certain males have committed many wrongs in the past.

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The Nirbhaya incident in Delhi was “instrumental” in bringing about a kind of gender awareness renaissance in India.

By Salil Gewali

Gender discrimination is the root of many evils. While keeping the aspiration of females down, certain males have committed many wrongs in the past. Apart from various kinds of physical tortures, the mental tortures undergone by defenseless females are endless. Within the confinement of four-walls innumerable sins are still being committed which mostly go unreported. However, it was Nirbhaya’s rape incident in Delhi that was “instrumental” in bringing about a kind of gender awareness renaissance in India. Post-Nirbhaya incident, a lot many changes in the laws have been made. The safety and security of women have been prioritized, the nation-wide the whole police departments have been sensitized, to a greater extent the road transportation has been made women-friendly.

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The public is right and more sensible now to point out the “hard cruelty” with which the gang had sexually tortured Nirbhaya that night.

Thanks to the countless number of protests across the country condemning the six rapists. The people from all walks of life came together and relentlessly pressurized the government that the Nirbhaya convicts must be awarded capital punishment. Media’s contribution in the campaign is immeasurable. Alas, India’s judiciary is so annoyingly slow it has taken over 7 years to pronounce the death sentence.

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Advocate Indira Jaising suggested that the convicts of Nirbhaya rape case could be “forgiven” by the parents.

However, now nothing could be so mind-blowing than the flood of condemnation against the comments by a veteran advocate and social activist Indira Jaising. Without a sense of guilt and potential backlash, she suggested that the convicts be “forgiven” by the parents. Jaising’s idea has clearly touched a raw nerve of the major population in the country. People’s anger is spilled well over social media. What is most noteworthy is the scathing condemnation directly from the horse mouth — the mother Asha Devi. A very bold lady, who determinedly fought for justice for so many years, thunders – “Who is Indira Jaising to give me such a suggestion? The whole country wants the convicts to be executed. Just because of people like her, justice is not done with rape victims,” Asha Devi aptly further adds — “Can’t believe how Jaising even dared to suggest such this; I met her many times over the years in Supreme Court, “not once” she asked for my well-being and today she is speaking for convicts. Such people earn a livelihood by supporting rapists; hence rape incidents don’t stop,”

The latter comments by the Nirbhaya’s mother clearly hint the doubt at the “integrity” of the advocate Ms. Jaising. How on earth that one who has not spoken a word of sympathy in spite of many encounters in the court can reserves the right to suggest that which offends the distressed victim party. Asha Devi deserves a salute for her boldness. Yes, India Jaising is one of the advocates who knocked the door of the Chief Justice of India in the middle of the night in July 2015 in order to seek the mercy for the dreaded terrorist Yakub Menon.

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In 2015, the Delhi Government proposed to award the Nirbhaya juvenile convicts with Rs 10000/- and a sewing machine.

Again, here is another bombshell to drop which many of us may have forgotten. Can we ever “forgive” for the shocking proposal in 2015 by Delhi Government to award the Nirbhaya juvenile convicts with Rs 10000/- and a sewing machine?  Who has approved such bizarre ideas and which leaders are responsible? What kind of lesson should the citizens take from this?

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I think the public is right and more sensible now to point out the “hard cruelty” with which the gang had sexually tortured Nirbhaya that night. They had used the iron-rod to inflict deep injuries upon the girl which is unspeakable, which is very unpardonable. So, given the increasing cases of rapes and subsequent inhumane cruelty and cold-blooded killings, Capital punishment can be the only answer and “one of the deterrents”. Before the divine retribution, the hard rod of punishment should not be spared at all. 

Salil Gewali is a well-known writer and author of ‘Great minds on India’. Twitter: @SGewali