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Should I Sue Someone? – Decision Factsheet

Civil claims · Factsheet 1 of 17

Key Considerations

  • Is it a legal problem for courts?
  • Within time limit? (3 yrs personal injury, 6 yrs other claims)
  • Can you prove fault?
  • Can you prove claim value?
  • Do you have supporting evidence?
  • Can you afford costs?
  • Can defendant pay if you win?
  • Is it worth the time and stress?
  • Have you tried alternatives?

Types of Claims Covered

  1. Breach of Contract
    • Broken agreement
    • Financial loss
  2. Negligence
    • Failure of duty of care
    • Resulting in loss or damage
  3. Personal Injury
    • Physical or mental harm
    • Caused by another’s negligence

Costs to Consider

  • Court fees
    • Help available for low income
  • Legal advice costs
    • Some free initial consultations
    • ‘No win, no fee’ options
  • Potential liability for other side’s costs
    • If you lose (mainly in fast track)
  • Expert reports (if needed)

Alternatives to Suing

  • Negotiation
    • Direct communication
  • Mediation
    • Third-party facilitated discussion
  • Ombudsman schemes
    • For specific sectors
  • Alternative Dispute Resolution (ADR)
    • Various methods available
  • Complaints procedures

Evidence Needed

  • Proof of fault/liability
  • Documentation of losses/damages
  • Witness statements
  • Photos/videos (if applicable)
  • Expert reports (if needed)
  • Medical records (for personal injury)
  • Correspondence related to the issue
  • Contracts or agreements

Time Limits for Claims

  • Personal Injury: 3 years
    • From date of injury or knowledge
  • Contract and Negligence: 6 years
    • From date of breach or damage
  • Exceptions may apply:
    • Claims involving minors
    • Mental capacity issues
    • Latent damage cases

Final Checklist Before Deciding to Sue

  • Have you exhausted all alternative dispute resolution methods?
  • Are you confident in your ability to prove fault and damages?
  • Have you realistically assessed the potential compensation?
  • Can you afford the time, stress, and financial costs of litigation?
  • Is the potential outcome worth the effort and resources required?
  • Have you considered the impact on personal/professional relationships?
  • Have you sought legal advice to assess the strength of your case?

Remember: Going to court should be considered a last resort. Always seek legal advice if unsure.

Reviewed
August 2026
Source
Download this factsheet as a PDF 1-Should-I-Sue-Someone-Decision-Factsheet.pdf · 1 page
Related
Should You Sue? A Comprehensive Guide to Making an Informed Decision in the UK

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