You’ve Been Injured – Should You File a Personal Injury Lawsuit?

One question a lot of people ask themselves after an incident involving injury: “Should I file a lawsuit?” It’s an important question. Lawsuits take time and can be quite expensive. It’s not always worth it to pursue one. But sometimes it’s a necessary step that can mean the difference between getting closure and becoming whole or letting one incident ruin the rest of your life.

Claims Vs. Lawsuits

One thing to know about before starting out is the difference between a personal injury claim and a personal injury lawsuit. 

Personal Injury Claim – A claim for personal injury that generally takes place between you and the at-fault party’s insurance company. This claim is usually the step before a lawsuit is even considered and is a negotiation between you and a claims adjuster. Hopefully, you are both able to agree on a settlement and avoid the need for a lawsuit. But that doesn’t always happen.

Personal Injury Lawsuit – When the above parties are unable to reach an agreement on a settlement is when a personal injury lawsuit gets filed. This situation can happen when the claims adjuster denies the insured was at fault or when there is a disagreement with the seriousness of the injury or for the amount asked. 

Generally, the extent of your injuries should determine whether you file a lawsuit. If you’ve suffered some simple bruising, it may not be enough to file a lawsuit or even a claim. That’s why consulting with a personal injury attorney, even for just a free consultation, is so important after an accident.

You should contact an attorney in any of the following circumstances:

The Accident Resulted in Injuries: If the accident required medical attention for the treatment of injuries, it’s advisable that you contact a personal injury attorney as soon as you can. Medical bills can quickly pile up. If they are the result of an accident, your insurance may deny the claim if you wait too long to file, leaving you on the hook.

The Accident Resulted in Loss of Income: Some injuries may require that you take time off from work to recover. Sometimes, you may find yourself unable to return to work at all or even that your day-to-day life has changed. If this is the case, then you probably have an excellent personal injury claim.

You’ve Experienced Emotional Pain and Suffering: Almost every accident results in some form of emotional trauma. Serious accidents can occur in conditions like PTSD. Another kind of emotional pain is if the accident caused the loss of companionship. If your psychological reaction to your injuries is interfering with your ability to work or have a healthy state of mind, you may be able to file for emotional damages.

There are other considerations in deciding whether or not you should file the lawsuit. According to Matthew D. Landau of the Landau Law Group, one of these considerations is whether you can afford the costs of doing so.”There are court costs as well as the costs of time spent testifying in court or taking the time to speak with an attorney.”

Fortunately, any qualified attorney will be glad to give you a free consultation and inform you of chances of your success and the costs you might incur. They can also give you legal advice on how to work with insurance companies so you can maximize your settlement. 

Finally, you should never try and prosecute a personal injury case on your own or accept a settlement before a lawyer has looked at your situation. 
Also, be wary of insurance adjusters who ask you to sign paperwork without understanding what’s in there. You could lose your opportunity to settle in your favor.