Law Talk with the Flock

Things You Should Consider Before Filing a Lawsuit

March 10, 2021 Goosmann Law Firm, Jeana Goosmann, Anna Limoges Season 2 Episode 5
Law Talk with the Flock
Things You Should Consider Before Filing a Lawsuit
Chapters
Law Talk with the Flock
Things You Should Consider Before Filing a Lawsuit
Mar 10, 2021 Season 2 Episode 5
Goosmann Law Firm, Jeana Goosmann, Anna Limoges

Goosmann Law Firm's Sioux Falls Litigation Attorney Anna Limoges and Host Jeana Goosmann discuss the important items you should consider before filing a lawsuit. In this episode you will learn:

  1. The damages you should consider before your lawsuit 
  2. Difference between compensatory damages vs. punitive damages 
  3. How Goosmann Law Firm helps  clients determine the potential damages

Learn about Goosmann's Litigation and Trial Practice HERE. 

Become a flock fan and subscribe to our Podcast for weekly episodes! Learn more at www.goosmannlaw.com.

DISCLAIMER: The information in this podcast episode “episode” is provided for general informational purposes only and may not reflect the current law in your jurisdiction. By listening to our episode, you understand that there is no attorney client relationship between you and the Goosmann Law Firm “GLF” attorneys and podcast publisher. No information contained in this episode should be construed as legal advice from GLF or the individual author, hosts, or guests, nor is it intended to be a substitute for legal counsel on any subject matter. Please read our full Podcast Disclaimer.

Show Notes Transcript

Goosmann Law Firm's Sioux Falls Litigation Attorney Anna Limoges and Host Jeana Goosmann discuss the important items you should consider before filing a lawsuit. In this episode you will learn:

  1. The damages you should consider before your lawsuit 
  2. Difference between compensatory damages vs. punitive damages 
  3. How Goosmann Law Firm helps  clients determine the potential damages

Learn about Goosmann's Litigation and Trial Practice HERE. 

Become a flock fan and subscribe to our Podcast for weekly episodes! Learn more at www.goosmannlaw.com.

DISCLAIMER: The information in this podcast episode “episode” is provided for general informational purposes only and may not reflect the current law in your jurisdiction. By listening to our episode, you understand that there is no attorney client relationship between you and the Goosmann Law Firm “GLF” attorneys and podcast publisher. No information contained in this episode should be construed as legal advice from GLF or the individual author, hosts, or guests, nor is it intended to be a substitute for legal counsel on any subject matter. Please read our full Podcast Disclaimer.

Speaker 1:

Do complex legal issues hold you back. Let's get energized and bring clarity to your top legal questions. This is law. Talk with the flaw by Goosmann law firm.

Speaker 2:

[inaudible]

Speaker 3:

Hello, I'm Gina Goosmann, your host for lot . Talk with the flack . I'm a CEO, lawyer, author, and woman business owner here to help you navigate your way through the lot and business. And for today's episode, I'm excited to have with me, attorney Anna limo, Anna is a Sioux falls, trial, lawyer, and litigation attorney. And today we're going to be talking about the importance of knowing your cases worth before you file suit. Welcome Anna .

Speaker 4:

Hi, Gina. Nice to be here.

Speaker 3:

You bet. Uh , before we jump into the topic, do you want to introduce yourself to everyone?

Speaker 4:

Yeah, like you said, I do. I practice mostly at trial law here in Sioux falls, South Dakota. I represent many different kinds of businesses and help them protect their wealth. Uh , and when disputes in doing so , um, and today , uh, talking mostly about the winning part and protecting that wealth , um, and we're going to be looking, I think, a little bit closer at damages. Is that what you said,

Speaker 5:

Gina?

Speaker 3:

Absolutely. So Anna , when you're getting ready to file a case or a client is thinking about filing a case, how do they know when they should actually file suit? Well,

Speaker 4:

First of all, something that you have to have in order to file a lawsuit is damages. Now damages are different. And what it means is what can you get if you won the lawsuit or if you wanted to settle a lawsuit, what have you been injured? And what can you prove at, in the amount of that injury? Um , and there's a lot of different buckets involved in damages. Um , so what we try to do as attorneys is put a worth on each one of those buckets , um, and try to evaluate what it may potentially cost to get to the , uh , home plate. So you say, so you could say , um, and that costs would take away from damages and is it really worth it to go after , uh, pursuing those buckets of damages? If you're going to end up paying so much for a lawsuit or trying to get to the home base , wherever, however that may come about. So

Speaker 3:

I love it, Anna. So our , for mission is worth it. And that really means driving value to the clients and some clients, you know, they might come in and save it . They want to fight about the principle of the matter, but then if it costs them a hundred thousand dollars to do so they might regret that decision. So it's really important that we talk about those things up front. Isn't it

Speaker 4:

That's exactly right. Um, and I mean, just getting a little deeper into the damages. There's different buckets, like I said, so there's compensatory damages, those are actual damages. So let's say somebody , for example , um, took your client and they weren't supposed to cause they were a former employee and they had a non-compete and non-solicitation clause, et cetera, et cetera. And they took one of your clients and, or one of your employees and there's some actual damage there. And let's say they tortuously interfered with the contract. Like those are some actual numbers that we could maybe come up with, including lost profits. Um, if there's actually , um, numbers involving medical care with three , um, with regards to , uh, you know, emotional distress damages , uh , you know, those are all kinds of actual numbered , uh, identifiable damages. Um, there's also a bucket

Speaker 3:

Just being mad. I'm just, I'm just mad. So how , how does that factor in

Speaker 4:

Well , uh, yeah, cause , you know, it's not against the law to make somebody mad or to be a jerk, so to speak. Um, you can be a jerk and whatever, and you can do some things and do some things that are wrong. Um , and it stinks and we can sit there and talk about it with our clients and try to figure out if there's some kind of damages. Uh , but a lot of times, if you're just angry about something that happened and we don't have damages, then we don't have a much worse to go after and to pursue a lawsuit , um , really gonna cost more than it would be , um, that you would get in at home base basically. So really

Speaker 3:

You're , you're kind of looking for what in their financials can help support your claims or are there certain expenses that the person had that could help support your claims? Is that right? Yeah.

Speaker 4:

For compensatory identifiable damages and some of these, and you know, some of these details can be found in the general buckets , uh, general damages buckets category too . So , um, those is where that's where you have , um, you know, future losses. So let's say we look at your current profits for your compensatory actual damages, but then we can look at, okay, well this customer that, that former employee stole , um, we could have made, you know, $2.5 million in the next five years if they hadn't have stolen that customer. So at the same time, there's also that bucket of damages as well. And that has to be looked at when you're evaluating the worth of a lawsuit.

Speaker 3:

You bet. And how about punitive damages Anik ? Uh , what can you share with our listeners about punitive? Because clients are always very interested in punitive.

Speaker 4:

So speaking of if you're mad at somebody at the log, it's mad at people too. So if you have certain actions that the law would consider to be malicious and especially nasty and wrong, and we can reach out and try to get what's called punitive damages, these damages are meant to punish the other party. So , um, it's a big burden sometimes to go after these punitive damages, but a lot of times it's good and it's a good bucket to add to your lawsuit as long as you know, that there's a higher burden to meet

Speaker 3:

You bet. So really proving that thing usually it's that they knew that it was wrong and they did it anyway.

Speaker 4:

Yes, yes. Agregious.

Speaker 3:

How can you , how can Goosmann law firm help , uh , evaluate a case and let a client know if they have damages? So

Speaker 4:

A lot of times what we do is we speak to the client, try and figure out all different parts and pieces of what happened. And then really what we do is we sh that we ask the client to share with us their private information, which is then protected by the attorney client privilege. And we look at those profit and losses. We can reach out even before we even take a case. A lot of times we'll reach out and talk to some financial experts and then kind of give a general overview of, you know , um , potentially what we have going on. Um, and, you know, kind of evaluate whether or not we're going to have to hire an expert such as that in , uh , in the lawsuit. Um, but yeah, most of the time what it is, is communicating with the client and trying to find those different buckets and working with the client , um, to protect all those different buckets and try to get to Homebase for them . So

Speaker 3:

You bet. And one other thing I just wanted to bring up is a lot of times we hear from clients , uh , the last time that they're going to have to spend in and fighting a lawsuit. Uh, and how really the law doesn't usually allow you to recoup your loss time. Does it Anna ?

Speaker 4:

No, not unless we can put a number on it. I mean, it would be nice, you know , but unfortunately that kind of falls into the same category as if you're just mad at somebody. Um, and you know, but if we can put a number on that last time, that's another story, but yeah, usually last time does not have a specific number on it. Um, and that's not technically in any of the buckets to pursue.

Speaker 3:

And if it's too speculative that can , uh , have a court kick it out as well to Qantas. So even if we have some logic for what we'd value something at a , it can't be too speculative.

Speaker 4:

Exactly. Exactly. We have to be able to show something, especially towards the very end when they're coming up with a number they're not just going to come up with some random number. We have to prove that those are the losses that actually occurred

Speaker 3:

Outstanding. Well, Anna, thank you so much for joining me on the podcast today and sharing your knowledge with everyone. Yeah. Thank you so much, Tina, go make it worth it.

Speaker 1:

Thanks for joining us for law. Talk with the flock by Goosmann law firm. We hope you feel energized and ready to soar past your goals. Become a flock fan and subscribe to our podcast for weekly episodes. Learn more@goosmannlock.com .

Speaker 2:

[inaudible] .