Do I Have a Claim? What to Consider Before Seeking Legal Advice

Has a situation arisen that has made you unhappy or uncomfortable, or did you take a financial or physical loss, and you don’t feel like you can resolve it amicably? Do you need to seek professional help from a solicitor to come to a resolution? Understanding whether you have a potential litigation claim is the 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 and the most popular reasons why our clients seek our help with litigation matters.

What Happened? Do You Think You Have a Case?

First, you want to establish if you have a viable case. Focus on the facts of the situation before emotions, and outline all the important details. 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. Is this something that can be resolved without legal action? If you feel you have a case, an attorney will have the expertise needed to determine whether to move forward. Let’s discuss the most popular situations that may require you to hire a solicitor to get an idea of what evidence is needed.

Popular Litigation Issues

Litigation can be complex and costly, but knowing your rights and seeking early legal advice can improve your chances of success. Litigation can arise in many different areas of law, but some disputes are more common than others. Below are six of the most frequent litigation issues people and businesses face in the UK, along with key considerations for each. If your situation is listed below, you may want to seek legal advice from a trusted attorney. 

1. Contract Disputes

Contracts form the foundation of many business and personal agreements, from employment and service contracts to property and financial deals. Breach of contract claims are among the most common reasons for litigation, affecting both individuals and businesses. These disputes occur when one party fails to fulfil their contractual obligations or breaches specific terms.

Common Examples:

• A supplier or professional — like an architect or accountant — fails to deliver goods or services as agreed.
• A business partner breaches a shareholder or partnership agreement.
• A landlord or tenant disputes the terms of a lease.
• A consumer receives faulty goods or services.

Legal Considerations:

• The terms of the contract (written, verbal or implied).
• Whether there was a fundamental breach or a minor dispute.
• Possible remedies, such as damages, specific performance or contract termination.

Related: What do professional negligence claims involve?

2. Employment Disputes

Employment law governs workplace relationships, ensuring fair treatment of both employees and employers. Employment litigation could arise over workplace rights, unfair dismissal, discrimination, wage disputes, unfair treatment or contractual breaches. Employment law solicitors can help you decide if your claim is viable so you can have peace of mind in this challenging time.

Common Examples:

• Unfair dismissal — an employee is fired without proper procedure.
• Discrimination claims — based on race, gender, disability, or other protected characteristics.
• Wage disputes — including non-payment of salary, bonuses, or redundancy pay.
• Breaches of contract — including failure to honour notice periods or restrictive covenants.

Legal Considerations:

• Employment disputes are usually heard in an Employment Tribunal rather than a civil court.
• Strict time limits apply (e.g., most claims must be filed within three months of the incident).
• Employees and employers may need to go through ACAS Early Conciliation before formal litigation.

3. Personal Injury & Medical Negligence Claims

Accidents and medical errors can cause serious harm, often leading to compensation claims. Personal injury litigation aims to secure financial support for victims and hold responsible parties accountable. Personal injury solicitors can help you get the settlement you deserve.

Common Examples:

• Workplace injuries due to unsafe conditions.
• Car accidents caused by reckless or negligent driving.
• Medical malpractice — such as misdiagnosis, surgical errors, or incorrect treatment.
• Public liability claims — for accidents in public places (e.g., slips and falls).

Legal Considerations:

• Most personal injury claims must be made within 3 years of the incident.
• The claimant must prove negligence — that the other party owed a duty of care, breached it and caused harm.
• Compensation may cover medical costs, loss of earnings, and pain & suffering.

4. Property & Land Disputes

Property litigation arises when individuals, landlords, tenants or developers dispute property rights or obligations. This can also include boundary disputes, breaches of property contracts, conflicts with your neighbour(s) or disputes over rights of way or easements. You’ll want to consult a property dispute solicitor to discuss your rights.

Common Examples:

• Boundary disputes — disagreements over land ownership or fence placement.
• Landlord-tenant disputes — including eviction, rent arrears and property maintenance. Landlords need to pay special attention to tenant eviction laws. Our solicitors can help.
• Nuisance claims — excessive noise, smells, or damage caused by a neighbour.

Legal Considerations:

• Property disputes may be handled in the County Court, Tribunal or High Court depending on complexity.
• Evidence such as title deeds, surveys, and historical land use may be required.
• Mediation is often encouraged before proceeding to court.

Related: Joint Ownership in the UK: Understanding Your Property Rights

5. Defamation & Reputation Damage

In today’s digital world, false statements can spread quickly, damaging reputations and leading to legal claims. Defamation litigation involves protecting individuals and businesses from false and damaging statements made publicly.

Common Examples:

• Libel — written defamation (e.g., false allegations in newspapers or online).
• Slander — spoken defamation (e.g., false claims damaging a professional reputation).
• Social media defamation — false statements spreading online.

Legal Considerations:

• Claims must be made within one year of publication.
• The claimant must prove the statement is false and has caused reputational harm.
• Defendants may use defences like truth, public interest, or fair comment.

6. Inheritance & Probate Disputes

The distribution of assets after death can lead to family conflicts, particularly if someone feels unfairly treated in a Will or if an estate is poorly managed. Disputes often arise when beneficiaries disagree over inheritance rights or an executor’s actions. 

Common Examples:

• Contesting a Will — claims that a Will is invalid due to undue influence or lack of mental capacity.
• Claims under the Inheritance (Provision for Family & Dependents) Act 1975 – where a family member was unfairly left out.
• Executor disputes — disagreements over how an estate is managed.
• Intestacy issues — where someone dies without a Will, leading to disputes over rightful inheritance.

Legal Considerations:

• Claims must be filed within six months of probate being granted.
• Courts consider financial dependency, relationship with the deceased and fairness.
• Mediation is often recommended before court proceedings.

Dispute Resolution Without a Solicitor

Although you may feel quite emotionally charged about what happened, by making sure the other side knows they have done something wrong, you can begin to remedy the situation; they might not realise what has happened or what mistake was made. Research to see what laws — if any — have been broken, get everything in writing and present the information to the offending party.

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

Is It Worth It?

If you have concluded you have evidence and legal grounds for your claim, the next step is to consider the risk involved and what’s at stake. If the potential damages or losses 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.

Conclusion

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 clarify whether pursuing a litigation claim is the right step for you.

Who We Are

Burt Brill & Cardens specialise in inheritance and Probate Disputes and Property and Land Disputes. If you are unsure whether you have a case, contact our Sussex law solicitors. Our team of experienced litigators understands the intricacies of the law and is dedicated to providing personalised, strategic, and results-driven solutions tailored to your unique situation.

To speak to one of our solicitors about your case, call us on 01273 604 123, email us at enquire@bbc-law.co.uk, or make an enquiry. We can help you decide what to do next, as well as talk through the merits and likely success of your case.