Most plaintiffs file lawsuits with every intention of seeing them to completion. However, it's not unusual for things to happen during the proceedings that make continuing litigation untenable. Here are three reasons why you may want to consider cutting your losses and shutting down a lawsuit before the court reaches a decision.
Your Costs Are Expected to Exceed Your Potential Gains
Prior to launching a lawsuit, it's always advisable to compare your costs with how much you're expected to receive if you win. Unless you are looking to get something other than compensation for your damages and losses, it's generally advisable that you avoid suing if your likely award will be less than your costs because it would only be a waste of your time and money. In fact, most attorneys will typically decline to take your case if your expected award won't cover basic costs.
Unfortunately, even if you do your due diligence and make sure your court award is worth the time and money required to litigate the case, things can happen during the proceedings that may cause your costs to skyrocket. For instance, you may need to unexpectedly hire an expert witness to counter testimony or evidence supplied by the defendant. The average cost of an expert witness can range from $275 to $500 per hour, and most require their money upfront.
In the United States, the loser in a court case is typically not required to pay the legal costs of the winner. Therefore, you can't count on the court ordering the defendant to pay your court and attorney fees. You need to keep an eye on your costs, and consider either settling the case for some money or ending the lawsuit altogether if your legal expenses begin outpacing your expected compensation.
The Evidence Turns Against You
Another thing that can happen during a lawsuit is that your case could fall apart. Particularly, the evidence you introduce can be thrown out, or the defendant can provide counter-evidence that turns your case upside down. This tends to happen when a case has weaknesses to begin with. For example, you have video evidence of the crash, but there are timestamp errors on it. The judge may decide the video is unreliable and not let you use it in court, which can significantly hurt your case if that was the best thing you had against the defendant.
The defendant may also uncover evidence against you or use a loophole in the law to avoid being held liable for your damages. In some jurisdictions, for instance, there may be laws that dictate you can only sue a government entity (e.g. a school) for an auto accident if that entity has a certain type of insurance. If the agency doesn't have the insurance, it may be able to invoke governmental immunity, which can tank your chances of winning.
This is one reason why it's important you have a lawyer represent you. The attorney can anticipate these issues from the outset and counter them when they arise. In either event, if it seems like the evidence is about to tank your case, you may want to cut your losses and voluntarily dismiss the case.
Private Information May Be Exposed
Nobody likes having their dirty laundry aired. Unfortunately, anything that occurs during a civil lawsuit has the potential to become public knowledge. Anything you say or any evidence you provide to the court is entered into the public record, and any person with the right access can uncover it and broadcast that information to the world. The only time this is not true is if you and the other party enter private talks to settle the case outside of court.
If you're afraid that private or potentially damaging information may get out and the other party refuses to settle, you may have to voluntarily dismiss the case if you can't find a way to avoid letting the information get out.
For more information about these issues or assistance with litigating an accident case, contact an attorney.
