Do I Have A Good Case?

In my earlier blogs—“To Sue or Not to Sue?” and “How Much Does Litigation Cost—And What Can I Do to Control Those Costs?”—I walked through the decision-making process around litigation and what it might cost you. But even before considering costs and strategy, one essential question must be answered:

Do I have a good case?

As an attorney, it’s one of the first things I evaluate when a client comes to me. And it’s something you should think critically about before investing your time, energy, and resources into litigation. In this post, I’ll walk you through how I assess whether a case has legal merit and what factors you should weigh when deciding whether to move forward.

1. Do You Have a Clear Legal Claim?

Not every dispute rises to the level of a legal claim. You may feel wronged, frustrated, or even financially harmed—but that doesn’t automatically mean you have a cause of action.Ask yourself:

·       Is there a legal theory that supports my grievance? (e.g., breach of contract, fraud, negligence)

·       Can I identify a duty the other party owed me—and how they breached it?

A consultation with an attorney can identify the specific legal “hooks” that form the basis of a claim. This is critical because without a legal foundation, even the most compelling story won’t hold up in court.

2. What Evidence Do You Have?

Legal claims live or die on the evidence. As Denzel Washington once said in the movie Training Day: “it’s not what you know, it’s what you can prove.” You need facts that support your story, and ideally, documentation or witness testimony to back it up.Consider:

·       Do you have written agreements, emails, text messages, or receipts?

·       Are there any issues with the admissibility of the evidence you have?

·       Are there witnesses who can corroborate your version of events?

·       Will the other side have their own evidence that could weaken your position?

One of the first things you will need to do with your attorney is review the available evidence to see whether the case is provable—not just believable.

3. Have You Suffered Actual Damages?

Even if your legal rights were violated, courts are generally concerned with whether you’ve suffered a measurable loss. Think of this as the “so what?” of your whole case. Even if everything that you claim in court is true, most matters require that you actually suffered real, measurable damages as a result of whatever happened to you.Ask:

·       Did you lose money, property, or opportunities?

·       Can you put a dollar value on what happened?

·       Will it be difficult to prove those losses?

Sometimes a client might be “right,” but the cost of litigation exceeds the potential recovery.

4. Are There Procedural or Practical Barriers?

Even with a solid claim and evidence, other factors can block your path:

·       Statutes of limitations may bar your case if you waited too long to file.

·       You may need to file in a specific jurisdiction or through arbitration.

·       The other party might not have assets, meaning a judgment could be hard to collect.

·       There may be immunity, waivers, or prior settlements that affect your rights.

These are often technical details, but they’re critical—and they can kill an otherwise strong case.

5. What Are the Strategic and Emotional Considerations?

Litigation is not just a legal decision—it’s a personal and business one. Therefore, before embarking down that path, consider the following:

·       What are you ultimately hoping to achieve?

·       Are you prepared for the time and stress involved?

·       Is there a way to resolve this without going to court?

Sometimes the best cases are the ones you never file, because a strategic settlement or resolution serves you better in the long run.

So—Do You Have a Good Case?

If you’ve read this far and still feel unsure, that’s completely normal. Determining whether you have a strong legal case involves both objective analysis and strategic judgment. That’s why I encourage clients to have a consultation before committing to any path.That said, there are limited but important exceptions to the rule that you should only pursue strong, winnable cases. In certain matters—especially those involving civil rights, systemic discrimination, or social justice—it may be worth moving forward even when the odds are long or the law is unsettled. These are often examples of impact litigation, where the goal is not just to win your individual case, but to challenge unjust systems, create public awareness, or prompt legal reform.I'll be exploring impact litigation in more depth in a future blog post—stay tuned.