09/06/2025
Why a lawsuit?
One of the more misunderstood concepts in law is why a lawsuit is needed or sometimes even required to protect a client's rights or to achieve a particular outcome. For example, a divorce requires that a claim with yhe courts for absolute divorce be filed; yet many folks will say, when the ex is served and expresses anger about being sued, "I'm not suing you!" Or when someone files suit and is offered a very reasonable settlement, the plaintiff refuses to settle and does not feel like he or she is being treated fairly. In both scenarios, and in others, the issue is a misunderstanding of the purpose of a lawsuit.
The legal system is designed to address legal injuries and provide legal remedies. Criminal litigation deals with alleged injuries to society. Domestic deals with alleged injuries to a spouse, opposing parent, or child. In each scenario, the system is designed to allow the parties involved to put their claims before a neutral party (a judge or jury) and, under the same rules, to have that neutral party make a decision as to the parties claims and determine the appropriate relief that a party is entitled to. In many scenarios, the relief is going to be financial in nature, whether it's a fine in the criminal context, an award of child support, an award of certain property, and so on.
However, no litigation can address:
-how a party feels about the other party.
-the other party's reputation
-your reputation
-the stress of dealing with a certain situation
-a party's feelings about how he or she has been treated by the legal system
-the need for closure
If a party is looking for anything other than a remedy allowed by the law, then that party is actually using the system in an inappropriate fashion. This can lead to a number of problems for that party, including dismissal of claims and potential exposure to a claim for abuse of process or malicious prosecution. Call us today to make sure you pursue your claim with the proper purpose!