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When Should I Consider Filing a Personal Injury Lawsuit?

Posted on behalf of Arnold Law Firm in
Two people talking to each otherYou 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.

Settlement - $3,767,000

Truck Accident

A 20-year-old man who had been married for just 12 days left home on his way to work. He was driving on Pleasant Grove Road in Sutter County in the early morning when he came upon a slow-moving truck. As he pulled out to pass the truck, the truck driver turned left in front of him. The young man attempted to steer back into his lane but his vehicle struck an un-flagged piece of metal extending from the back of the truck. He died in the resulting crash.

Expert witnesses brought in by the Arnold Law Firm proved that the truck, owned and operated by a hauling firm, should never have been on the highway that morning. Specifically, the rear and side turn signals did not work and the rear-view mirror was in a poor state of adjustment at the time of the collision. As a result, the driver, who had failed to properly inspect the vehicle before setting out that morning, couldn’t see the young man’s vehicle as it attempted to pass.

The poor condition of the truck, its lack of maintenance and the manner in which it was operated were found to be substantial factors in causing the collision that killed the young man. The testimony also established that the man had been making a lawful pass at the lawful speed limit and acted reasonably when he attempted to avoid the collision.

The man’s 20-year-old widow was awarded $3,767,000.77, his parents were awarded $185,131 and the family was reimbursed $11,899 in funeral expenses. Though money is a poor substitute for a young man’s life, this verdict demonstrates that drivers who endanger the lives of others will be held accountable for their actions.