Because I'm a lawyer, people tell me their legal problems all the time. And then they ask for advice. They usually want to know whether they should sue someone.

I typically give them my most astute legal answer: "It depends."

That is almost never the answer they want, but it's almost always the correct answer. Probably the most useful lesson I learned in law school is that the law is rarely the most efficacious way to resolve problems.

So, how do you know whether you should sue someone when he sells you a bad product or service, breeches an agreement, causes damage to your property, owes you money, or in some other way causes you harm?

First, decide whether you have a good case—one in which someone has broken the law and where breaking the law resulted in your suffering monetary damage. (This typically means that whatever harm you have suffered can be fixed with money.) It may be difficult to assess the answer without speaking to an attorney or someone else who knows the law. You also need to find out whether your lawsuit is timely.

Once you have determined that you have a good case, you have to figure out what it will take to win it. Do you have, or have access to, the evidence you need? This might consist of documents, photographs, or objects. Are there any witnesses who can help you prove your case? A witness can be anyone who has first-hand knowledge of what happened and can help you present your evidence. It is always good to have at least one other person who can corroborate your story. Ensure that your witness is willing to testify, is believable, and is going to be available when you need him or her (you may require your witness's presence at multiple hearings).

It will cost you money to pursue your legal claim. The court requires a filing fee (the cost varies, depending on the type of case). Additionally, it may cost money to serve the other party, gather evidence, travel to and from court multiple times, etc. It may cost more money to pursue your case than you would be awarded if you won.

Another important thing to consider is whether the adverse party can and will sue you. You can be counter-sued if you did anything to harm the other party, even if you thought it was appropriate at the time. The other party can be awarded damages, and you can be required to pay for the other person's expenses, including attorneys' fees, if the court determines that your case was not warranted. You could wind up not receiving any money for your case and owing money to the other party.

Pursuing a legal case in court consumes a lot of time and energy. You will want to decide whether it is worth the time and effort required to initiate and follow through. Legal cases can take years and can be emotionally exhausting, especially if you are suing a friend or family member.

Perhaps most important, even if you win your case, will you be able to collect a judgment from the other party? If he does not have the assets to pay you what the court awarded, it does not make sense to pursue the case legally.

If you have decided that you are going to file a lawsuit, then what? You will need to determine what type of case you want to file and whether you want to hire an attorney or represent yourself. This will generally depend on the complexity of the case and the amount of damages you are trying to collect.

You may file a case in small-claims court for simple cases in which you seek to recover money or property worth less than $4,000. If you do file the case in small-claims court, an attorney cannot advocate on your behalf. An attorney can help advise you, but will not be able to represent you in court.

If you have a complex case or one that involves a claim in excess of $4,000, you will not be able to file the case in small-claims court. In this instance, you may want to consult an attorney regarding what type of case should be filed.

By law, you have a right to file a lawsuit on your own behalf and represent yourself in court. This is called pro se representation. If you decide on a pro se court appearance, you will still be required to follow appropriate court rules and procedures. The court clerks may be able to provide appropriate forms to file, but they are not permitted to give you legal advice.

Remember, even if you have a proper lawsuit, you can pursue other remedies. It is always faster and less expensive to try to resolve a dispute out of court. One of the best ways is to hire a mediator. Mediators are trained professionals, often lawyers or judges, who can help both sides come up with a solution that is mutually satisfactory. Mediation will cost money, but often far less than litigating the case.

If you have questions regarding a potential lawsuit, call the toll-free Kansas Elder Hotline, 888-353-5337.