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When is a lawsuit necessary?

On Behalf of | Jan 27, 2021 | Civil Litigation |

Litigation is often the last resort of parties wishing to resolve a dispute. Lawsuits cost money, and are a public process, so individuals often attempt to resolve matters between themselves without involving the courts. However, residents of Ohio and other states may need to file a lawsuit in certain circumstances.

Settlement talks fail

Sometimes, even though a party has a meritorious claim, other parties do not wish to settle the claim. Even though a party sends demand letters and takes other steps, a claim may be left unresolved. If this occurs, it is important to speak to an experienced civil litigation attorney to start preparing for a lawsuit.

Statute of limitations

A statute of limitations requires that certain claims be filed in litigation within a certain amount of time after a claim accrues. If a party files a lawsuit out of time, the claim may be barred. As a result, if the time limit to file a lawsuit is approaching, it may be necessary to file a lawsuit to preserve your rights.

Low settlement offers

Sometimes parties only offer small sums of money to settle a claim prior to litigation. However, parties oftentimes increase their settlement offers after litigation is filed since they will need to hire attorneys and pay additional costs to defend a lawsuit. As a result, filing a lawsuit is oftentimes a response to a low settlement offer given by a defendant.

Types of relief

Some types of relief can only be granted by courts and cannot be negotiated between the parties without litigation. For instance, if a party wants a judicial decree adjudicating a claim, wishes to place a lien on a property, or accomplish other goals, they may need to file a lawsuit. If you face any of these situations, it is important to speak to an experienced civil litigation attorney to preserve your rights.


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