Before Filing an Equine Lawsuit: Ask Yourself These 5 Things

Before Filing an Equine Lawsuit: Ask Yourself These 5 Things

09 August 2014

scale_of_justiceCaptionlawsuit.jpgby Alison Rowe, Esq.

Anyone can file a lawsuit; the question is whether you can win the lawsuit and collect the judgment. If you are a potential plaintiff in a horse case - needing some guidance to determine whether your horse case is worth pursuing - ask yourself if the case satisfies five elements: Money, Damages, Liability, Causation, and Credibility.

  1. Money. Our civil justice system is not about revenge or even justice, it’s about money, because money is virtually the only way a civil court can compensate a plaintiff. Potential plaintiffs need to consider how much money it would take to pursue the case versus the potential amount they can actually recover from the defendant.
  2. Damages. In a good horse case, a plaintiff can prove the defendant damaged them and can put a dollar amount on the damages. If the plaintiff cannot quantify their damages, the lawyer usually cannot either.
  3. Liability. A good horse case is one where it can be proven that the defendant is liable for the damages that the plaintiff incurred.
  4. Causation. The plaintiff must be able to prove that the defendant's actionable conduct caused the money damages identified by the plaintiff.
  5. Credibility. The credibility of a plaintiff is often the most important element of a horse case. Does your story pass the “smell test”?

Read the full article and further explanations of each of the five tips above. CLICK HERE.

RESOURCE: Rate My Horse Pro, http://www.ratemyhorsepro.com/news/before-filing-an-equine-lawsuit-ask-yourself-these-5-things.aspx


 

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