Scottdale Litigation attorney
Henderson Law Offices in Scottdale, Pennsylvania and handles litigation matters in Westmoreland and Fayette Counties as well as Florida and Federal Court.
Each lawsuit is unique and requires special consideration. A client knows the facts of their case better than any lawyer will and a lawyer should know the law better than the client. It is the marriage of the client’s knowledge of the facts and the lawyer’s knowledge of the law that usually result in a relationship that aids in filing a proper lawsuit. Henderson Law Offices understands this relationship is important and that the client has the major part to play when a the filing of a lawsuit is considered. We also defend individuals and companies that have been sued and analyze their case is much the same way.
We handle many Practice Areas and offer a free consultation to discuss the specifics of each case.
In order to determine whether or not to file a lawsuit certain issues must be discussed. Below are a few issues that should be discussed before a lawsuit is filed:
- It is too late to file an action
All potential causes of action have time limits called “statute of limitations” which varies by cause of action and even by state to state. At Henderson Law Offices, we are well versed on the statute of limitation on potential causes of action and can discuss this during the initial free consultation.
- Does anything need done before filing a lawsuit.
The short answer is it depends. Certain lawsuits require pre-suit notice be sent to a defendant before an action can be filed. Other lawsuits require filing a complaint with a governmental agency such as the EEOC before filing an action. Henderson Law Offices has the experience to know when and how to file any notices or complaints before filing a lawsuit.
- Is the case worth filing?
In other words, does it make economic sense to spend money to try to get more money? An analysis of the costs involved, the potential gain and the likelihood of collecting on any judgment you obtain are some of the factors to consider when making this decision. At, Henderson Law Offices, this is usually one of the first considerations we go over with a client because even if you can file a lawsuit that does not necessarily mean you should.
- Can the Defendant be found?
If the Defendant to a lawsuit cannot be located, it will be difficult to maintain a lawsuit because the defendant must be served with notice and because it may be even more difficult to collect money.
- Where to can a lawsuit be filed?
Where the lawsuit is filed matters. Usually there are a few options that require legal analysis regarding subject matter jurisdiction, personal jurisdiction and venue. Henderson Law Offices has experience in these matters and can guide a client through this process.
- What claims can be brought?
This is not an easy answer. It generally requires legal expertise and some legal research into the facts of the case. Claims are usually divided into two types: contract and tort but not all claims fit into those categories. There are statutory claims, constitutional claims and federal claims that require their own independent analysis. At Henderson Law Offices, we are well versed on potential causes of action and can discuss this during the initial free consultation.
- How many claims should be brought?
This is also not an easy answer. Some attorneys believe in raising all viable claims while others concentrate only on the ones that have the best chance of success and yield the best result for the client, which usually means the most money or an award against a defendant that will actually pay. At Henderson Law Offices, we understand what claims can be brought and try to execute clients on the pros and cons of each claim so that the client can make a well informed choice as to which claims should be brought.
- Is there evidence to prove the claims?
In a lawsuit, the plaintiff bears the burden of proof which means that ample evidence must be submitted to prove each element of every claim. The evidence usually comes in two forms: documents or testimony. At Henderson Law Offices, we understand which evidence may be more persuasive to establish the elements of the claims brought and how that proof is presented.
- Where is the evidence and how to get it?
If there is evidence which would support an element of a claim but it cannot be obtained and presented to the court, it would do no good. For example, if there was signed statement by the other party which admits to being at fault but the statement cannot be found, it can’t be used in court and is worthless. If evidence in the possession of a third party, it may be possible to get it from them. At Henderson Law Offices, we have experience gathering evidence for cases.
- Is the case collectible?
Winning a lawsuit is usually only the first step. Once a judgment is obtained against a defendant, collection proceeding must be commenced to try to get the judgment paid.
Henderson Law Offices has experience in Judgment collection. We have an entire page devoted to the collection of judgments.