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Quiz

Is Your Claim Worth Pursuing?

Most consumer civil disputes settle out of court, but only a fraction of valid claims are ever pursued because people are unsure whether the cost and effort are justified. Answer six questions about your dispute type, amount at stake, documentation, opposing party, timing, and prior resolution attempts to see whether your claim sounds worth a consultation, fits small claims, or is unlikely to be cost-effective. This is general information, not legal advice.

Last updated: May 2026

A claim-worth-pursuing tier weighs whether the realistic cost, effort, and recovery prospects of formal action are likely to be worth it. Tier = (Claim Type) + (Amount at Stake) + (Documentation) + (Opposing Party Ability to Pay) + (Timing) + (Prior Resolution Attempts). Typical civil litigation cost typically target Settlement at 6-12 months.

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What is Claim-Worth-Pursuing Tier?

A claim-worth-pursuing tier weighs whether the realistic cost, effort, and recovery prospects of formal action are likely to be worth it. It is a general triage tool, not a legal opinion on the merits or value of any specific claim; only a licensed attorney can evaluate your specific facts.

The Formula

Tier = (Claim Type) + (Amount at Stake) + (Documentation) + (Opposing Party Ability to Pay) + (Timing) + (Prior Resolution Attempts)

Amount at stake combined with the opposing party's ability to pay are the two most reliable signals; a winnable judgment against an empty wallet rarely produces actual recovery.

Worked Example

A respondent with a $25,000 unpaid contract debt from a small business with assets, full paper trail of contract and invoices, written demand letter sent without response, owed for 14 months.

Claim type: contract dispute
Amount: $25,000 (mid)
Documentation: full paper trail
Opposing party: small business able to pay
Timing: within typical contract-claim windows
Prior attempts: demand letter without response

📌 Tier is worth speaking to an attorney. The pattern fits the kind of contract dispute litigation attorneys routinely take on; a consultation will tell you about realistic recovery cost. This is general information, not legal advice.

Why This Matters

Recoverable value is the goal

A strong claim against a party unable to pay rarely produces recovery; understanding the opposing party's ability to satisfy a judgment is part of any honest pursuit decision.

Small claims is often the right venue

For lower-dollar disputes (commonly under $5,000-10,000 depending on state), small claims court has lower filing fees, faster timelines, and rarely involves attorneys, often producing better net recovery than a full civil filing.

Common Mistakes

❌ Pursuing a claim out of principle without an attorney consultation

Principles are valid; the cost of pursuing without realistic recovery projections is usually higher than expected. A free or low-cost consult clarifies that picture before significant cost is incurred.

❌ Missing the statute of limitations

Civil claims have deadlines that vary by claim type and state (commonly 3-6 years for contract, 2-3 years for tort). Once passed, the right to bring the claim is usually gone.

Industry Benchmarks

Category	Good	Average	Poor
Typical civil litigation cost	Settlement at 6-12 months	$3,000-25,000 attorney involvement	Trial-out costs $25,000+
Small claims jurisdictional limit	Under $5,000-10,000	Up to $10,000-15,000 in some states	Above the limit requires civil filing
Demand letter success rate	Many disputes resolve at this step	Especially with clear documentation	No response is a worth-attorney signal

Source: American Bar Association practice-area data and federal civil-procedure research

Benchmark data sourced from American Bar Association practice-area data and federal civil-procedure research.

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One of the most common mistakes we see when working with clients: pursuing a claim out of principle without an attorney consultation. Principles are valid; the cost of pursuing without realistic recovery projections is usually higher than expected. A free or low-cost consult clarifies that picture before significant cost is incurred.

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Frequently Asked Questions

When is small claims court the right venue for my dispute?

Small claims court is designed for lower-dollar disputes (commonly $5,000-$10,000 depending on state), with simpler procedures and often without attorneys. It works well for unpaid invoices, security deposits, minor property damage, and consumer disputes where the documented amount is clear and modest. Above the jurisdictional limit, a full civil filing is usually required.

How much does it typically cost to pursue a civil lawsuit?

A typical civil lawsuit in the US costs $3,000-25,000 to litigate through trial when an attorney is involved, with filing fees of $100-500 and additional costs for service, discovery, and experts. Many cases settle before trial at lower total cost. Contingency attorneys (common in personal injury and some employment) advance these costs and recover them from any settlement. A consultation clarifies the realistic cost picture for your matter.

Can the other side be ordered to pay my legal fees?

In most US civil litigation (the "American rule"), each side pays its own legal fees regardless of who wins. Exceptions exist when a statute provides fee-shifting (some consumer-protection, employment, and lemon-law cases do) or a contract requires it. An attorney can confirm whether fee-shifting applies to your situation. This is general information, not legal advice.

How long does a civil case usually take?

Uncontested matters often resolve in weeks to a few months. Contested civil cases commonly take 12-24 months through trial, longer for complex matters. Settlement (which is how most civil cases end) often occurs at the 6-18 month mark. Small claims court is usually faster, with hearings within 30-90 days of filing.

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