Deciding whether you have a lawsuit comes down to five practical questions: are you the right person to sue, do your facts actually match a recognized legal claim, is the filing deadline still open, can you prove what happened, and is the case worth the cost of pursuing? If any one of those fails, a court can throw your case out no matter how wronged you feel. The sections below walk through each check so you can size up your situation before you spend money on filing fees or an attorney.
Are You the Right Person to Sue
Courts call this standing, and it’s the first thing a judge looks at. The Supreme Court’s test in Lujan v. Defenders of Wildlife requires three things at once: a concrete injury that already happened or is about to, a clear link between that injury and what the defendant did, and a remedy the court can actually provide.1Justia U.S. Supreme Court Center. Lujan v. Defenders of Wildlife
All three have to be present. A real injury caused by the defendant fails if no court order could fix it. A fixable problem caused by the defendant fails if you haven’t actually been harmed yet. Speculation about future harm doesn’t count. The burden is on you to show each piece.2Legal Information Institute. Overview of the Lujan Test
Some statutes give people the right to sue over things like environmental violations that affect public resources, but even those laws can’t fully bypass the constitutional requirement. You still need a concrete connection to the harm.
Do Your Facts Match a Legal Claim
Feeling wronged is not the same as having a legal claim. Every type of lawsuit has specific elements, and you need every one of them. Missing a single element means the claim fails. Three of the most common civil claims illustrate the point.
Negligence
Negligence is the backbone of most personal injury cases. You need four elements: the defendant owed you a duty of care, they breached that duty, the breach caused your injury, and you suffered actual damages. A driver running a red light owes other motorists a duty to obey traffic signals; running the light is a breach; a resulting collision that puts you in the hospital supplies causation and damages. Take any one piece away and the case collapses. If you weren’t actually hurt, or if the driver’s mistake didn’t cause your injury, there’s no negligence claim to bring.
Breach of Contract
A contract claim requires a valid contract, a failure by the other side to perform, and losses you suffered because of it. A valid contract needs an offer, acceptance, and consideration, which just means each side gave up something of value. Without that exchange, there’s nothing enforceable to sue over.3New York State Courts. Hamer v Sidway
Defamation
Defamation requires a false statement of fact, published to a third party, that damaged your reputation. Opinions generally don’t qualify. If you’re a public figure, the bar is higher: under New York Times Co. v. Sullivan, you have to prove the person knew the statement was false or acted with reckless disregard for the truth.4Justia U.S. Supreme Court Center. New York Times Co. v. Sullivan, 376 U.S. 254 (1964)
These are three examples, not a full list. Fraud, employment discrimination, civil rights violations, and dozens of other claim types each have their own elements. The question to ask about your situation: does what happened line up point-for-point with the elements of a recognized claim, or are you missing pieces?
Is It Still on Time
Every lawsuit has a filing deadline called the statute of limitations, and courts enforce these deadlines strictly. Miss it and the case is dismissed regardless of merit.
Deadlines depend on the type of claim and where you live. Personal injury claims typically run from one to six years. Contract disputes generally allow longer, roughly three to ten years, with written contracts often getting more time than oral ones. Some federal statutes have their own clocks. A claim under the Fair Debt Collection Practices Act, for example, has to be filed within one year of the violation.5Office of the Law Revision Counsel. United States Code Title 15 Section 1692k
A few situations pause the clock. If the person harmed was a minor when the injury occurred, most jurisdictions toll the deadline until they turn 18. Tolling also commonly applies when a defendant actively conceals the wrongdoing or the plaintiff is incapacitated. Many jurisdictions apply a discovery rule for harms that aren’t immediately visible. In a classic medical malpractice example, if a surgeon leaves an instrument inside you and symptoms don’t appear for two years, the clock may not start until you discover the problem or reasonably should have.
If you’re anywhere near a deadline, get advice before it passes rather than after.
Do You Have to Do Something Before Filing
For certain kinds of claims, walking straight into court gets your case dismissed. You have to complete an administrative process first.
Employment Discrimination
Discrimination claims under Title VII or the Americans with Disabilities Act require a charge filed with the Equal Employment Opportunity Commission before you can sue. You generally have 180 days from the discriminatory act, extended to 300 days if a state or local agency enforces a similar law. The EEOC typically needs 180 days to investigate before issuing a right-to-sue letter, which is what lets you file in federal court.6U.S. Equal Employment Opportunity Commission. Time Limits For Filing A Charge
Age discrimination claims under the ADEA let you file suit 60 days after submitting the EEOC charge, without waiting for a right-to-sue letter. Equal Pay Act claims skip the EEOC step entirely and can go directly to court within two years of the last discriminatory paycheck.7U.S. Equal Employment Opportunity Commission. What You Can Expect After You File a Charge
Claims Against the Federal Government
Suing a federal agency for negligence or property damage requires an administrative claim with the agency first, under the Federal Tort Claims Act. The claim has to be filed within two years of when it arose. If the agency doesn’t respond within six months, you can treat the silence as a denial and proceed to court.8Office of the Law Revision Counsel. United States Code Title 28 Section 2675
Demand Letters
A written demand letter is a smart step even when not legally required. Some state consumer protection statutes require one as a precondition to filing. Beyond any requirement, a demand letter creates a paper record showing you tried to resolve the dispute reasonably, which can matter later if a court weighs the good faith of the parties. Many disputes settle at this stage without a lawsuit at all.
Can You Actually Prove It
A valid claim on paper is not the same as a winnable case. In civil cases, you have to prove your version by a preponderance of the evidence, meaning it’s more likely true than not. That’s a lower bar than criminal cases, but it still requires real evidence.9United States District Court for the District of Vermont. Jury Instructions – Burden of Proof Preponderance of Evidence
Start preserving evidence now. Documents, photographs, medical records, text messages, emails, contracts, receipts, and witness contact information can all be critical. Physical evidence deteriorates, memories fade, and witnesses become harder to locate. Cases built early are far stronger than cases built from what’s left over months later.
Once a lawsuit is filed, both sides enter discovery, where each party has to hand over relevant information. Federal rules require automatic disclosures of witnesses, supporting documents, and damage calculations even before either side asks.10Legal Information Institute. Federal Rules of Civil Procedure Rule 26 – Duty to Disclose Discovery often uncovers evidence you didn’t know existed, but you can’t count on it to save a case that starts out thin. The Federal Rules of Evidence also limit what actually reaches the jury: hearsay is broadly restricted, expert testimony must rest on sound methods, and everything has to be relevant and reliable.11Legal Information Institute. Federal Rules of Evidence
Is the Case Worth the Cost
A legally valid claim is not automatically a claim worth pursuing. Litigation costs money, and if the likely recovery doesn’t justify the expense, you can win in court and still come out behind.
Filing a civil complaint in federal court costs $405. State court filing fees typically run from $55 to over $400 depending on the jurisdiction and the amount in dispute. Serving the defendant through a private process server runs another $40 to $400. Beyond that, expect costs for records, expert witnesses, and deposition transcripts. In complex cases, expenses can reach tens of thousands of dollars before trial.
If you can’t front those costs, many personal injury and employment attorneys work on contingency, taking a percentage of the recovery (typically 33% to 45%) and nothing if you lose. Contingency arrangements aren’t available for every case type; they’re generally off the table in criminal and family matters, and most attorneys won’t accept a contingency case unless the likely recovery justifies their investment. If several attorneys turn your case down on contingency, that’s information worth taking seriously.
Federal courts also allow applications to proceed in forma pauperis. You submit an affidavit about your finances, and if the court approves it, the filing fee is waived or reduced.12Office of the Law Revision Counsel. United States Code Title 28 Section 1915
The most overlooked question in evaluating any case: can the defendant actually pay? A $200,000 judgment against someone with no assets, no insurance, and no steady income gives you an expensive piece of paper. Experienced attorneys check collectibility early because it determines whether the case is practically viable, not just legally viable.
You should also know you have a duty to mitigate your own losses. If you ignore a treatable injury or make no effort to find a replacement supplier after a contract breach, a court can cut your damages by whatever you could reasonably have avoided. In some situations, a complete failure to mitigate can wipe out recovery entirely.
Would Something Short of a Lawsuit Work Better
A full lawsuit is one option, not the only one. For many disputes it isn’t the best one.
Small claims court handles modest-dollar disputes quickly and cheaply. Maximum claim limits vary by state, ranging from $2,500 at the low end to $25,000 at the high end. Procedures are simplified, attorneys are often optional or prohibited, and cases usually resolve in weeks. For unpaid debts, security deposit fights, and minor property damage, small claims is often the right forum.
Mediation brings in a neutral third party who helps both sides negotiate. Nothing is imposed; any settlement is voluntary. Some courts require mediation before allowing a case to go to trial. It’s less adversarial than litigation and can preserve relationships that a courtroom fight would destroy. If it doesn’t work, you can still sue.
Arbitration is closer to a private trial. An arbitrator hears both sides and issues a decision. Binding arbitration produces a final result with no right to appeal; non-binding arbitration gives both sides a preview that can push settlement while preserving the right to go to court. Read your existing contracts carefully. Many employment agreements, consumer contracts, and service agreements include mandatory arbitration clauses that force you to arbitrate rather than sue.
When to Talk to a Lawyer
The earlier you consult an attorney, the better your position. Statutes of limitations create hard deadlines, evidence degrades, and early procedural missteps can permanently damage a strong case. Many attorneys offer free or low-cost initial consultations specifically to evaluate a potential case.
What you discuss with an attorney is protected by attorney-client privilege, which applies even during an initial meeting before you formally hire anyone. The protection covers communications made in confidence for the purpose of obtaining legal advice. It does not cover communications made in front of third parties or those intended to further a crime.
An attorney can tell you whether your facts satisfy the elements of a claim, whether you’re within the statute of limitations, whether administrative steps are required, and whether the likely recovery justifies the cost. They can also spot claims you hadn’t considered. People focused on a contract dispute sometimes overlook a fraud claim sitting in the same facts, or the reverse. For any complex case, or any situation where the other side has counsel, going it alone is a gamble that rarely pays.