Advantages of a Lawsuit
Many Illegally Targeted People have filed lawsuits. Most have been dismissed. Targeted America advises to only file a lawsuit when you have a valid claim and properly write the complaint, both procedurally and substantively. Targeted America will show you how to do this. Either you will win the lawsuit or it will be dismissed:
If your objective is to hastily file a lawsuit because you honestly have been wronged and you want to document abuses to you in a court of law, simply file and your goal is accomplished. The lawsuit can document history and possibly make perpetrators think twice about continuing to abuse you. Further, it can give you and your claims more credibility because it shows you have the confidence to file a lawsuit and even testify under oath should you so choose.
You cannot win a lawsuit just because you are in the right. You need to be more knowledgeable about legal code, procedure, and strategy to actually win.
Tort "Elements", Codes and Lawsuit "Cause of Action"
There typically are conditions that are legally required to substantiate whatever “wrong” you are claiming. If the facts of your case fit the elements of the tort (civil wrong), you can proceed. It actually is that simple! Most states have codes (laws) that list these elements. We list the general elements in the “common law” torts section of this website. In addition, you usually can find the elements if you google “jury instructions” for the claim or “tort” or “cause of action.” These are the elements that the jury will consider in deciding if you should win or not.
When writing your lawsuit, you state the facts of the case with the corresponding tort elements in the “Cause of Action” section. This is the section that can make or break your lawsuit. If it is written correctly, the defendant will have a hard time justifying a response of a “demurrer” or a “motion to strike”, which are called "early dismissals". Early dismissals end your case.
Determining if You Have a Good Case
As long as you know the elements for your type of lawsuit, it's usually easy to determine if you have a good case. For example, in a lawsuit against a neighbor targeting you in a way that interferes with the enjoyment of your property or rental unit, you would sue for “Private Nuisance” an actual tort that the court recognizes.
The elements of the tort are:
1. The plaintiff owns the land or has the right to possess it (such as when s/he legally rents an apartment);
2. The defendant acted in a way that interferes with the plaintiff's enjoyment and use of the property; and
3. The defendant's interference was substantial and unreasonable.
Your testimony can be evidence (likewise, the defendant’s testimony can be evidence). It is advisable to collect some evidence to support your claims. For instance, you can record inside your own home so if they are repeatedly and excessively banging on the walls to annoy you, make sure you video or audio record that with a method to date and time stamp it. Have witnesses, etc. You have to prove that you are injured and have sustained some sort of loss, even if that loss is the enjoyment of your property.