Courtesy of HG.org
This usually leaves the person feeling with regret for even purchasing the service. However, knowing when to sue based on these issues is important. Litigation is often a messy and costly exercise, and these legal battles take extensive time. Tying up the court room on a frivolous argument is wasteful for everyone involved, and it may incur the wrath of the judge.
To know if the case is good enough to pursue, it is best to seek the assistance of a business lawyer. He or she has the knowledge and experience to analyze the situation and determine if the matter should proceed or be tabled for possible other actions. This may mean a negotiated settlement with the company, dropping the concern altogether or another action such as mediation. Many business lawyers rarely see the courtroom due to their capability in defusing the emotional outbursts of clients and discovering the best route of a peaceful resolution. And if the issue is in need of litigation, this legal professional will do so at the behest of his or her client.
Determining the Case
Before a lawyer is sought, it is important to gather evidence and ensure it is enough to take to obtain legal representation. A consultation may show the potential client what is needed to continue. He or she may determine what has been offered is enough, or the legal professional may explain through a list of requirements what is still needed. Knowing what elements are used for each type of case is essential to progress. This means if there is a breach of contract, it must be revealed what the contract specified and how the breach occurred. Additionally, if injury transpired, medical documentation is needed to support the incident. Other details may be supplied with added persons or documentation relevant to the case.
If the matter concerns a contract, it must be legally binding to each party. For services, this may be a one sided contract while the payment binds the customer to the terms. With documentation, this is more easily available, but if the contract was oral, it may not be enforceable. The situation must be relevant to the breach, and the actions taken must reflect how the contract was broken. For performances, it must be proven that the actions taken were necessary as per the clauses outlined in the contractual agreement. With details explaining payment necessary per the service or performance, this is often easier to demonstrate.
What May Constitute Unsatisfactory Services
There are a number of services that may be affected by certain actions. It is often the activity and not the service that proves unsatisfactory. If there is a breach of contract, it is frequently this breach that the client finds to be unsavory. This would mean that the contractor or company failed in its promise to meet or perform the contracted obligations set forth by the agreement. In order to press forth with this, it must be proven that the organization was not able to or failed in performance. For compensation or some other remedy to be pursued, it must be demonstrated how this breach or other action caused an economic or financial loss. This usually means that certain work must be redone or completed by another party.
Before a lawsuit is filed, there are alternatives that should be considered. In most situations, a lawyer is essential to build a case, gather supporting evidence and do the legwork that the client is incapable or does not know how to perform. This could mean that mediation is the best route, depending on the factors of the services that were unsatisfactory. This would require two parties that are seeking a resolution that is not long, drawn out and expensive.
It may be more beneficial to seek an alternative to a court room litigation battle such as a settlement outside of the courts. One counsel negotiates with the other and an offer is made that may be accepted to conclude the entire situation. This may or may not include monetary damages, additional work or some other remedy. It is best to communicate to the lawyer through all possible outcomes to ensure the best route is sought and achieved.