"To Sue or Not to Sue?" - A Practical Guide to Deciding Whether Litigation is Right for You

You have been injured in a car accident. Or a business partner has screwed you over. Or someone is not keeping up with their end of a contract and has left you holding the bag. Whatever it is, if someone has wronged you—personally, professionally, or financially—it is natural to want justice. For many, that raises a difficult question that I get asked all the time: “Can I sue?”

Litigation is a powerful tool, but it is not always the most effective or appropriate one. Litigation is often long, complex, and costly. This blog is not intended to sell you on legal services—it is here to give you a clear-eyed view of what litigation really entails and to help you decide whether it is the right path for your situation. As with many situations in life, just because you can do something – it doesn’t mean you should. So, let us look into what litigation actually is and what it looks like.

Litigation Is Not Just About Being Right—It is About Strategy

The courtroom is not the place where moral vindication alone wins the day. You need admissible evidence, legal standing (in other words, you actually have the right to sue), and the resources to endure a structured (often slow) legal process. Litigation also involves inherent uncertainty: even strong cases can be lost, and even when you win, enforcing the result can be a battle of its own.

Before deciding to sue, consider:

• What do you hope to achieve?

• Can that result be achieved through another route (mediation, negotiation, etc.)?

• Do the potential rewards outweigh the financial, emotional, and time investments required?

If you’re still inclined to move forward, here is a breakdown of what to expect.

1. Pre-Litigation: Evaluation and Strategy

This stage involves evaluating your legal claims, gathering preliminary evidence, and assessing your chances of success. It may include:

• Demand letters sent to the opposing party: A demand letter is a formal, written document sent by one party (typically through their attorney) to another party, outlining a legal claim and requesting a specific action—usually the payment of money or the performance of a contractual obligation. It serves as both a notice and an opportunity to resolve a dispute before formal legal action is taken.

• Negotiation attempts: An informal process where the parties involved in a dispute communicate directly (or through their attorneys) to reach a mutually acceptable resolution.

• Preservation of evidence: Preservation of evidence refers to the legal obligation to identify, secure, and maintain all relevant documents, data, and materials that may be important in a legal dispute—even before a lawsuit is formally filed. Failing to preserve evidence can seriously harm your case and may result in sanctions, penalties, or even losing your claim or defense entirely.

• Consultation with legal counsel about applicable laws, costs, and timeframes: Consultation with legal counsel from the outset will help you determine the strength of your case and whether you have an actual claim against the other side.

Often, strong pre-litigation strategy can lead to early settlements—avoiding court altogether.

2. Filing the Complaint – Litigation Begins

If resolution isn't reached, the next step is to formally initiate a lawsuit. This includes:

• Drafting and filing a complaint with the appropriate court

• Serving the complaint to the defendants

• Replying to the defendants’ response brief(s) and any motions/ counterclaims they may file (Once served, the defendant must respond—typically with an answer or a motion to dismiss.)

These early responses can shape the trajectory of the entire case.

3. Discovery: The Heart of Litigation

Discovery is the phase where both parties exchange information and evidence. It is often the longest and most expensive part of the process. Key components include:

• Written discovery: Interrogatories, requests for production, and admissions

• Depositions: Sworn, out-of-court testimony recorded for trial use

• Subpoenas: Legal requests for documents or testimony from third parties

• Expert witness disclosures: Formally identifying any experts you intend to call at trial and providing detailed information about their qualifications, opinions, and the basis for those opinions.

Discovery is critical because it can clarify the facts of the case—or reveal fatal weaknesses. It often leads to settlement discussions as the parties see how strong or weak their positions really are.

4. Motions: Attempting Resolution Before Trial

Before trial, either party can file various motions to resolve all or part of the case without trial. Common pretrial motions include:

• Motion to dismiss: Arguing the complaint is legally insufficient

• Motion for summary judgment: Claiming there are no disputed facts and that the law is on your side

• Motions to compel: Asking the court to enforce discovery obligations

  
  

A successful motion can narrow the issues or end the case outright—saving time and cost.

5. Trial: The Final Stage (or So It Seems)

If the case doesn’t settle, it proceeds to trial—either in front of a judge or jury. Trial involves:

• Opening statements

• Presentation of evidence

• Witness examination and cross-examination

• Closing arguments

• Jury deliberation or judge’s decision

Trials can last from a day to several weeks. They are high-stakes and often emotionally taxing. A favorable verdict is not guaranteed, and even if you win, it doesn’t always mean immediate justice.

6. After the Verdict: Enforcing the Judgment

Winning a lawsuit does not automatically mean you will collect what you are owed. If the losing party does not voluntarily comply, you may need to take further steps:

• Post-judgment motions or appeals may delay enforcement

• Writs of execution or garnishment might be necessary

• Asset searches may be required if the defendant hides assets

Enforcement can add months or even years to the litigation journey.

Weighing Costs Against Potential Outcomes

Litigation is expensive. Costs may include:

• Attorney’s fees (hourly or contingency-based)

• Court filing and service fees

• Costs for experts, consultants, and court reporters

• Document management and eDiscovery expenses

• Lost time from work or business

In order to weigh whether this is the best path for you, it is important to ask:

• What are your realistic chances of success?

• What is the best-case outcome—and what does “winning” actually get you?

• What is the worst-case scenario, including counterclaims or reputational risks?

• Can you afford to pursue this case all the way to the end?

In many cases, early resolution through negotiation, mediation, or arbitration can achieve similar outcomes at a fraction of the cost and time.

Final Thoughts

Litigation is not something to enter lightly. It can be the right path—but only when the stakes are high enough, the facts are clear enough, and the potential benefits outweigh the significant burdens involved. If you are unsure whether to pursue legal action, the most productive next step is a consultation—not to start a lawsuit, but to gather the information you need to make a truly informed decision. This blog only provides a high-level view of the entire litigation process. Future blog posts will focus in on various aspects of litigation to expand your understanding of all the facets of litigation.