Is Filing A Lawsuit Always Necessary?
However, choosing to walk the legal path could be quite beneficial when all other remediation attempts fail. You will get a judge to decide on the fairest way forward. If you aren't content with judgment, there is always the option of appealing it. The question of whether filing a personal injury lawsuit is wise or not will require you to assess your current situation.
Here are some insights to walk you through the decision:
Is it Possible to Sue?
In theory, any personal injury case that can be solved through the court should warrant a lawsuit, and that means you need a personal injury lawyer to represent you. However, not all cases are viable to be presented in a court of law. For instance, it would be an uphill task to file a lawsuit whose statute of limitations had already expired. The statute of limitations is the maximum time window allowed to file a lawsuit before it’s no longer possible to take it to court.
On the other hand, if you had signed an arbitration clause in your contract, you would need first to pursue the issue outside the courts. Both parties would have to talk over the issue at hand in the presence of a third party. You would need to hire an experienced personal injury lawyer to increase the chances of the arbitration going in your favor.
Do You Have Enough Evidence To Sue?
The burden of proof falls on the plaintiff in personal injury lawsuits. As long as you have enough evidence stacked against the defendant, your chances of prevailing are quite high. However, collecting evidence is not always an easy task. You should approach a lawyer with your current evidence, and any other facts you believe you can prove in court.
A good lawyer will analyze your evidence to determine how strong your case is. They can also suggest great ways to gather more evidence. Since the other party will always have counter-arguments, a great lawyer will work out ways to navigate these potential counter-attacks from the defendant's side. If your evidence doesn't hold much weight, a lawyer can tell you if it is worth taking the case to court or not.
Can You Collect Compensation?
While the court can decide that you are legally entitled to compensation from the defendant, it will do little to help you collect the funds. Filing a lawsuit against a party that can't come up with the monetary judgment would be counterproductive. In the end, it might not be worth the time or legal fees, if they can’t pay.
For situations where you are struggling to collect the compensation, you can contact law enforcement authorities. They can help you collect via liens, direct cash collection from the business, or wage garnishment. The good thing is that insurance companies typically settle compensation for most personal injury cases. Regardless of who will be handling the settlement, it is wise to evaluate the defendant's chances of making good on the outcomes of the judgment, if you were to prevail.
Will all Consequences of the Lawsuit be Favorable?
While you might win the lawsuit, you might lose in other areas of your life or business. For instance, if you file a lawsuit against a business partner, your business could crumble from the lost support. Assess whether you might suffer adversely from the trial, despite prevailing in it. If you will, it is wiser to handle the issue outside the court.
In case you responded to any of the four questions above with a 'no,' you should reconsider filing a lawsuit. These four considerations should be made before making the decision to hire an attorney. If you can come to a fair resolution outside the court, it may be wise to try that route if it makes sense for your personal situation.
This article does not necessarily reflect the opinions of the editors or management of EconoTimes