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Should I Litigate My Case?

How far you are willing to go with your case, whether it is a personal injury claim, an employment dispute, a rift between family members during the estate planning process, or your divorce, is up to you. Sometimes, it is necessary to go to court to see a case to its resolution. In other cases, such as workplace discrimination claims and personal injury claims, it might not be worth it to involve the court after an unsuccessful attempt at alternative dispute resolution (ADR).

If you attempt to resolve a dispute through ADR and you are not successful, talk to your lawyer about completing the process in court through litigation. He or she can advise you about taking this step and how your case can potentially be resolved.

Personal Injury Claims

When a personal injury claim is rejected, the victim can file a lawsuit to seek compensation from the negligent party for his or her damages. Whether this is a viable choice for you depends on the amount of evidence you have to support your case and how willing you are to undergo the stresses of court while recovering from an injury.

Divorce and Family Law

Many couples opt to divorce through ADR because it is cheaper and less stressful than litigation. But when ADR is not successful, it can become necessary to litigate your divorce case. In fact, you might be better off seeking litigation from the start of the case if there is a significant power imbalance or a history of domestic violence in your relationship.

Business and Employment Cases

It is not uncommon for an employment contract to include a clause that states that all disputes related to the job will be resolved through ADR. Often, the preferred method is arbitration. This can include disputes about wages, overtime, and work conditions. In some contracts, the ruling of the arbitrator is final. In others, it is possible to litigate a case that could not be resolved through ADR.

If you faced discrimination or retaliation from your employer, you might work with the Equal Employment Opportunity Commission (EEOC) to investigate the case and settle it. If this is not successful, you can file a lawsuit against the employer.

Estate Planning

Estate planning and probate can bring out the worst in people. If you are facing a dispute about a loved one’s care or how his or her assets will be divided among beneficiaries, the first step is often to work with a probate lawyer to reach a favorable resolution. But when one cannot be reached this way, it can become necessary to litigate the case.

Work with an Experienced La Crosse Litigation Attorney

Litigation is expensive, time consuming, and stressful. But sometimes, it is necessary. No matter what type of case you have, work with a lawyer who will help you avoid litigation, but is prepared to go to court if necessary. At Moen Sheehan Meyer, Ltd our team is prepared to go to court to fight for our clients. Contact our firm today to schedule your initial consultation with one of the litigation attorneys on our team.

Published December 19, 2016
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