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Deciding whether or not to file a lawsuit can be a difficult decision, especially if you are uneducated on what you should consider. People often have viable bases for a lawsuit but are intimidated by the court system and lack knowledge about how an attorney can help them in a case. This means your unfortunate situation likely will go unaddressed and you may not be compensated adequately.

These considerations should help when making your decision and hopefully make filing a lawsuit feel less daunting.


Costs are the first thing to examine when you are pondering whether or not to file a lawsuit. Paying an attorney is the obvious expense, you should know that if you hire our firm to pursue a personal injury claim we only charge a fee if we recover money for you. There are non-financial costs as well. It is important to realize that lawsuits can create a great deal of stress and also can consume a lot of time. At Barfoot and Schoettker, we do our best to reduce stress as much as possible and not abuse your time. Nonetheless, you should still be prepared for the emotional toll that lawsuits can sometimes generate.

Likelihood of Prevailing

Deciphering the likelihood that you will prevail in your case is certainly a prerequisite to filing a lawsuit. We want to put our clients in optimal situations, so if you don’t have a good chance to win a case, then we will advise you to consider other options and help you determine the best course of action moving forward. On the contrary, if we think we have a strong case for you, then we will begin a plan of action that will set you up for success.

Generally, it is in your best interest to schedule a consultation with an attorney. Even if you think you don’t have a good chance to prevail, an attorney can give you their professional opinion and will sometimes see opportunities that you may have overlooked.

Risk/Reward Analysis

When contemplating a lawsuit, individuals must analyze the risk and reward of their case. This may be challenging to diagnose on your own, so we highly recommend a consultation with a lawyer. Make sure that you talk in-depth on this subject and ask questions to help you understand the situation as best as possible.

Trusting your lawyer’s judgment is important when deciding whether to file for a lawsuit or not. Their abundance of experience will help you manage your expectations and ultimately help you decide if the risk is worth the reward. Even if you are likely to win a case, if the balance of risk and reward is unstable then you won’t want to pursue the lawsuit. In this case, your lawyer should lay out other options for you to consider.

Choosing the Right Attorney

The most important step before filing a lawsuit is finding an attorney that matches up with your specific needs. Whether it’s the insurance company who refuses to adequately compensate you for your personal injury; the wrongful death of a loved one caused by the carelessness of another, or you've wrongfully been accused of a crime, you need a trustworthy, experienced and passionate attorney to handle your legal matter and obtain the best possible result.

Selecting the right attorney from the overwhelming amount available can be difficult, but will ultimately be reflected positively throughout your case if done correctly. Before hiring an attorney, be sure to ask yourself what you are trying to achieve and what your end goal is. This will help you as you are researching your options and meeting with different attorneys.

Your attorney should be well responsive, professional, knowledgeable, and have relevant experience that applies to your certain situation. If they check these boxes and seem to have your best interests in mind, then you might’ve found an attorney that you should hire. If they lack any of these qualities, don’t settle. Put in the extra effort to find an attorney that you are confident about so that you can take care of your needs and accomplish your goals.

At Barfoot & Schoettker we pride ourselves on personal service, honesty and integrity, and aggressive representation to those we serve. We believe in open and honest communication with our clients and we would love to discuss how we can help you. Contact us today via our online form or call (334) 834-3444.

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