The three most important aspects to any civil dispute entail first and foremost, the evidence (facts), secondly, the relevant law when applied to those facts, and thirdly, the tactics of the case. The evidence is usually considered as the most important aspect amongst these three and as such, in order for any legal claim to successfully push through, there is need for it to be evidence-based. A limited number of claims are won in the absence of compelling evidence in support of the winner’s claims.
It is important for a claimant to ensure that they get ahold of the right evidence early enough in order for them to evaluate the strength (or weakness) of their case alongside its likely value. When starting a claim, a Claimant must set out what it believes to be the relevant facts of the dispute and in doing so, it is prudent for the claimant to ensure that they:
- Be very frank with the facts of the case by simply telling the truth
- Avoid elaborating as this can open avenues for being misconstrued and/or misinterpreted
- Only use the courts to try and obtain justice for what you rightfully deserve by claiming what you deserve.
- Restrain from assuming you can comfortably defend yourself. You cannot be your own lawyer.
A majority of cases are either won or lost based on the strength or weakness of the parties’ evidence. It is therefore crucial for parties to ensure that they gather as much relevant evidence (both documentary and witness) as is necessary.
An example of the significance of evidence-based claims is sufficiently incorporated in the urban legend as narrated in http://www.hoax-slayer.net/burned-cigars-insurance-claim-hoax/ and reproduced below for your enjoyment!