When Should I Consider Filing a Personal Injury Lawsuit?

2021-07-09 14:46:00
filing a personal injury lawsuit,when to consider filing a lawsuit,when should I sue?

Image of a man and a woman talking over legal paperworkYou have the right to pursue compensation after suffering an injury caused by someone else’s negligence. How you recover the compensation may ultimately be up to you. Therefore, it is important to carefully consider your options. If you are considering filing a lawsuit, there are several factors you should consider beforehand.

One of the most important factors to consider before anything else is whether you have discussed your situation with a licensed attorney. Our Sacramento personal injury lawyers offer a free consultation to discuss the facts of your claim and see what legal options may be available to you when pursuing compensation.

Below, we discuss what other factors you should consider before filing a personal injury lawsuit.

Do You Have a Strong Case?

Establishing the validity of a claim is one thing, but to win in court your lawyer must convince a jury that you suffered damages due to the negligence of the liable party. Remember, the burden of proof in an injury claim falls on the victim. There are several factors that must be proven to convince a jury:

  • The liable party had a duty of care to you to prevent an accident.
  • The liable party breached that duty of care by causing an accident.
  • The accident caused by the liable party directly resulted in your injuries and damages.

If you are unsure about the strength of your claim, our attorneys are prepared to discuss it with you in further detail during your free consultation. We do not charge you any upfront fees, so you do not pay us while we investigate and build your case. We only get paid if we successfully recover compensation for you.

Have You Tried Negotiating?

Many people think you must go through the court system to recover compensation after an accident caused by someone else’s negligence. However, a very small percentage of cases ever make it to court. While a lawsuit may sometimes be necessary, there are alternative dispute resolutions like mediation and arbitration.

However, it is important to note that most injury claims do not even make it to these processes either. Many claims may be negotiated directly with the liable insurance company. Our attorneys are prepared to help negotiate with the insurance company on your behalf and may be able to help maximize your compensation.

When the insurance company is refusing to negotiate, it may be necessary to file a lawsuit.

Will You Be Able to Collect Damages?

If you are unable to successfully negotiate a settlement or resolve the dispute in another way that does not involve going to court, it may be time to file a lawsuit. However, it is important that you consider whether you will be able to collect on the damages awarded to you at trial.

While most personal injury cases are paid out by an insurance company, the insured may not have liability limits that cover the full extent of your damages. For example, what if your injuries result in a $30,000 surgery but the policy limit is $15,000? If there is not enough insurance, you may be able to collect from the person’s assets, if he or she has any, which may make the lawsuit more complicated.

Fortunately, many insurance companies agree to pay when an injury victim threatens a lawsuit, especially when liability is clear. 

Statute of Limitations

Building a strong case and determining whether you can collect compensation is important, but it may not matter if you have run out the clock on the statute of limitations to take legal action. Remember that California has a statute of limitations of two years. It is important to act as soon as possible after an accident, as investigating and building a case takes time.

Have More Questions? Call Us Today

If you are considering filing a lawsuit to pursue compensation after an accident caused by someone else’s negligent actions, you should strongly consider speaking to our licensed attorneys first.

Our attorneys work on a contingency basis, which means that we do not charge you anything up front, including court filing fees, if we determine a lawsuit is necessary. You only pay us if we successfully recover compensation on your behalf.

Call today to schedule a free consultation: (916) 777-7777.