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?
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.
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.