Actual Damages
When enough facts or circumstances exist to meet the legal requirements to file a legitimate lawsuit. if the facts required to prove a case cannot be alleged in the complaint, the case is not “actionable” and the client and his/her attorney should not file a suit. of course, whether many cases are actionable is a matter of judgment and interpretation of the facts and/or law, resulting in many lawsuits that clog the courts. incidentally, if a case is filed which is clearly not actionable, it may result in a lawsuit against the filer of the original suit for malicious prosecution by the defendant after he/she has won the original suit.
