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Having your day in court - it's the law, but it can be costly
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Your Day in Court
Having your day in court is the ultimate American recourse, the vindicating solace for a victim whose precious rights have been oppressed or violated. It is also not all it appears to be. Television shows and movies perpetuate unrealistic expectations by depicting courtroom fairy tales and superhero lawyers. However, for the individual or small business who has suffered some injustice at the hands of a large company, your day in court may end up costing you much more than you bargained for.
Everyone makes mistakes, including established companies. If you were clever enough to spot the error, you probably considered the types of recourse available to you. Seeking recourse through the courts should be carefully considered however, since it may turn out to be an impractical waste of valuable resources. Potential plaintiffs may have legitimate causes of action in theory, however, the risks of litigation often outweigh the potential benefits.
One of the risks associated with litigation is the cost. Filing a lawsuit can be expensive. In Miami-Dade County, the original complaint must be filed by the plaintiff with the Clerk of Courts along with a filing fee of over $300.00 if the damages alleged exceed $2500.00. A copy of the complaint also has to be served upon the entity being sued. Process servers charge at least $35.00 for each local defendant served. These costs are separate from the fees that the plaintiff pays the attorney who prepares the lawsuit and otherwise represents the plaintiff's interests after the lawsuit has been filed. In Miami, a reputable attorney may charge anywhere from $175.00 to $600.00 hourly, depending on experience. After the attorney has billed for the time spent drafting the complaint, going to court and talking to the client about the case, the legal fees may already be substantial for the small business or individual plaintiff.
Although the expense of litigation is immediate, the anticipated benefits may not be realized as quickly, if at all. Expediency does not characterize the movement of the overloaded court dockets in Miami. Delays are common, expected and can turn a simple process into protracted litigation.
After all the expense, time, and mental fatigue of litigation, there is still no guarantee of prevailing. Victory at trial cannot be guaranteed since the final decision is made by the jurors. If the case settles instead of going to trial, chances are the parties will each get some of what they want but probably not exactly what they want. In certain situations, the losing plaintiff could even end up paying for the defendant's legal expenses, in addition to his or her own legal costs. Indeed, your day in court may be much more than you bargained for.
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