Ask Siesky Law – August 2022

ASK AN ATTORNEY with Lane Siesky / Siesky Law Firm, PC
Focusing on personal injury, civil litigation, whistleblower claims and workers’ compensation law, Siesky Law Firm strives to provide excellent legal services while remaining client and community centered. The Evansville-based trio of top attorneys – including Lane Siesky, Daniel Gearhart and Douglas Briody – boasts years of invaluable experience inside and outside the courtroom. Highly-respected with an impeccable track record, the firm’s aggressive representation of its clients continues to benefit the community in myriad ways.


Q: There are so many instances in today’s society where people threaten a lawsuit – there often seems to be a knee-jerk reaction to potentially legal situations, be it a personal situation or business-related conflict. In the whole scheme of things, how productive is it to file a lawsuit? Obviously, every case is different, but can you give an overview of the effectiveness of suing someone in 2022?  


A: This is a great question. In a personal situation, whether to file a lawsuit in today’s world can be a complex and difficult issue to work through. Indeed, most folks have little or no exposure to lawsuits and the legal process. The answer mostly depends upon the nature of the legal problem, the laws, how the legal action must be paid for, the other party and to a lesser extent the personal preference of the individual.


Let me give some examples here. First, suppose an individual has a dispute with her neighbor. In counseling this individual, I would encourage this individual to try and work things out with her neighbor before threatening legal action or filing a lawsuit. If things cannot be worked out and legal action is required, then the individual must explore how much a legal action would cost and her ability to pay a lawyer.


However, when an individual is in a car accident and is seriously injured the situation is different. The individual is now likely dealing with a sophisticated insurance company. Further, the individual can hire a lawyer on a “contingent basis” and normally does not need to pay the lawyer hourly. So, hiring a lawyer is normally an easier decision in the unfortunate case of a car accident than it is in a dispute involving a neighbor.


From a business perspective, we tell our small business clients that “nobody wins in litigation” and so we try to implement policies, procedures and safeguards to avoid litigation for our small business clients. Litigation is costly for small businesses and the money being spent on lawyers and court cases detracts directly from the small business’ bottom line. Having said all that, sometimes legal action cannot be avoided and the small business must defend itself or its interests.


Disclaimer: The above information provided by Siesky Law Firm, PC, is not legal advice and should not be taken as legal advice. Application of the law is highly fact sensitive and readers should consult with an attorney on legal matters.

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