Does Your Personal Injury Case Warrant Filing a Lawsuit?

What factors indicate that a personal injury lawsuit is the best route for your claim?

Every personal injury case is different, and in turn, each individual victim must make the personal decision whether to file suit, as much as they must determine the relative strength of their claim. Often, consulting with an attorney is the only effective means of deciding whether one can file a personal injury lawsuit that will bring about a favorable outcome for a victim.

Indicators that a Personal Injury Lawsuit Should Be Filed

The following lists some general indicators that a victim should heed when considering whether to file a personal injury lawsuit, including both legal and personal indicators:

  • From a legal perspective, does a victim actually hold a viable claim for compensation, which ultimately may be held to legal standards of negligence and proximate cause in a courtroom trial?
  • Did the victim sustain damages in excess of the costs of filing a lawsuit and the potential financial losses incurred in the process of recovery? Often, victims facing long-term medical issues, medical bills, rehabilitative care, or other economic damages should consider filing suit. Victims should keep in mind that any future claims for injuries and other damages must be included in the suit or settlement agreement, as defendant’s liability for future damages is often erased in a settlement or award.
  • Did the victim experience damages, including non-economic damages, which they feel they deserve compensation for, and more importantly, are the perceived non-economic damage claims sustainable from a legal perspective? If so, a victim should consider filing suit.
  • Who are the potentially liable parties? Though not based on any legal grounds, individual victims are often hesitant to sue individuals or small businesses not covered by liability insurance. In most cases, victims simply want compensation for their economic losses, and in turn, would prefer not to cause a private individual or relatively small business undue hardship in recovering compensation.
  • If the victim feels their injuries and damages will only compound as time goes on, they most likely will also find good reason to file a lawsuit.

When Professional Advice Is Best

By consulting with a lawyer, victims are by no means taking any legal action against anyone. Rather, consulting with an attorney can provide victims insight into their options for legal action, should they elect to do so. However, before taking that step, most victims will want to know more, about their rights, about the costs of taking legal action, about the potential damages they can recover, and about the potentially liable parties. Only through consulting with lawyer can victims gain this valuable information.

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