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Filing suit generally is the last option when attempting to resolve a dispute. There are several factors to consider:
Potential recovery
Calculating recovery, if the lawsuit is won, is based on the best-case and worst-case scenarios. Expectations may not be realized. Not all damages are recoverable.
The amount of recovery is unpredictable. In case of a claim for bodily injury, no one can exactly evaluate the amount of compensation that will be awarded by a judge or a jury for the injured party's pain and suffering, disability or disfigurement.
Attorney fees and expenses
Legal fees may be based on an hourly rate or contingency-fee basis. An hourly rate can depend on a lawyer's experience, relationship with a client and desire for ongoing work with the client.
Billable items include:
Expenses connected with a case may reach such level that further litigation may become counterproductive.
Litigation is costly and time-consuming for all parties. A lawsuit only should be filed to seek resolution of a legitimate problem that cannot be resolved by other means.