Do I Have a Claim? What to Think About and Look For Before Seeking Legal Advice

Understanding whether you have a potential litigation claim is a crucial first step before seeking legal advice. By recognising key signs you can assess the viability of your case and determine whether engaging a solicitor is the right course of action. In this article, we’ll outline factors that will help you understand whether you have a claim or not.

What Has Happened?

Outline what exactly has happened that has made you unhappy or uncomfortable. Focus on the facts in a situation before emotions. How would you explain it to someone, such as a friend or family member? Look into what you would do to remedy the situation, as this will help you understand what actions you need to take next.

Dispute Resolution Without a Solicitor

Have you tried to remedy the situation yourself? Although you may feel quite emotionally charged about what has happened, by making sure that the other side knows that they have done something wrong, you can begin to remedy the situation; they might not realise what has happened or what mistake has been made.

If you feel as though all alternative attempts to remedy the situation through negotiation or other methods of dispute resolution have failed, working with a solicitor can help you navigate the legal process and understand what you have to do next.

Popular Litigation Issues

There are many ways you can take legal action against someone, but there are common ones too. Check our short list below to see if it is one of these:

  • Breach of Contract (the other party failed to fulfil their contractual obligations)
  • Negligence or Professional Misconduct (you suffered harm due to professional negligence or misconduct)
  • Employment Disputes (you received an unfair dismissal, workplace discrimination, or had contractual disputes)
  • Property Disputes (boundary disputes, breaches of property contracts, or conflicts with your neighbour/s)
  • Unlawful Eviction or Housing Issues (you were forced to evict or have other housing-related disputes

Is it worth it?

If you have come to the conclusion that you have evidence and legal grounds for your claim, the next step is to think about the risk involved and what’s at stake. If the potential damages or losses that you have received are substantial, then engaging with a solicitor would be worth the costs. However, if the anticipated legal costs are expected to exceed the funds you potentially recover from the other party, it might be impractical to pursue this case.

Lastly, there is one commonly overlooked aspect of starting a legal process that you should ask yourself: have you got the time? If a case seems like it will take months of litigation, you need to consider how that will affect you and your schedule, as well as the emotional toll it could take on you. Is the added stress worth the outcome you are hoping to get?


Before approaching a solicitor, gather relevant documents, records, and any evidence supporting your claim. Do not embellish your story – keep to the facts. This preparation will help a solicitor assess the strength of your case more effectively. By seeking legal advice early you can provide clarity on whether pursuing a litigation claim is the right step for you.

Who We Are

Burt Brill & Cardens offers expertise in various litigation areas. If you are not sure about whether you have a case then get in touch. Our team of experienced litigators understand the intricacies of the law and are dedicated to providing personalised, strategic, and results-driven solutions tailored to your unique situation.

Contact us today and we can give you a fixed-price diagnostic appointment where we will help you decide what to do next, as well as talk through the merits and likely success of your case. Call us on 01273 604 123, email us at or fill in our enquiry form.


Get in touch

Speak to one of our solicitors today. We would love to hear from you and discuss any legal issues you may have and how we can assist you.

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30 Old Steine, Brighton, BN1 1FL