The main reason to file a car accident lawsuit is to get fair compensation for the injuries caused due to an accident, where the accident has been a result of someone else’s negligence or cruelty. In case you are unable to see the other side coming to the negotiating table with a rightful offer, you must go for a lawsuit. However, you must consider some very important factors before going for one.
When should you file a lawsuit?
The probable answer is that you should file one when your case is clearly worth more than what you are being offered by the insurer. However, you must consult your lawyer first. If your lawyer believes that your case is worth way more than what the insurer is offering, then the right option is to file a lawsuit. Many files a lawsuit when they know that the insurer will increase the offer in pre-suit injury settlement negotiations.
Most of the car accident injury claims do not have a specific value. However, these have a wide range of values. This is because a certain part of the value of a car accident claim is the injured person’s pain and suffering. This non-monetary type of loss is not subject to exact calculation.
You also need to remember that if you file suit, your lawyer’s out of pocket expenses will start to rise remarkably. There is a huge likelihood that a later settlement will not put a lot more money in your pocket. Thus, you can consider putting a case in a suit if you and your lawyer feel that the case is worth way more than the insurer’s final pre-suit offer.
Stick to your lawyer’s opinion
No matter what, your lawyer’s opinion that is the most relevant opinion for you to fall back on! Keep in mind that valuing a case is not really that simple. There are many law-centric factors, such as prior settlement, jury verdict etc. that might not come across your mind, at the time of making a decision. When you have the support of an experienced Florida personal injury lawyer, you can blindly trust his opinion. He/she is the right person who can value your case in the most accurate manner, no matter how complex your case is. Thus, indirectly or directly, your lawyer will help you to get the compensation you deserve.
How long ago did the accident happen?
There are plenty of car accident injury claims that end in a settlement. Thus, many injury lawsuits settle well before trial. Many insurance claims are resolved through settlement without a lawsuit ever having been filed.
However, it cannot be denied that there are certain advantages to going to court. Here, you can let a judge or jury decide your case. You need to keep in mind that every injury case is different and there are many factors that need to be considered. Both options need to be weighed: settling your car accident injury claim and going through with a court trial.
What are the advantages of settling before filing a lawsuit?
Now, many people choose to settle a car accident claim prior to filing a lawsuit in court. These are some of the very basic advantages of settling before filing a lawsuit. These are:
- receiving compensation early
- doing away with high attorney’s fees
- avoiding appearing at more than one court proceedings, thus avoiding hearings, depositions, trial
- avoiding an unpredictable jury decision
In general, there are three questions that you must be able to answer prior to filing a lawsuit. First, you must ask yourself if you have a good case. Next, you have to ask if you would be satisfied with a settlement or going to mediation if you end up filing a lawsuit. Thirdly, with the assumption of winning your lawsuit, you need to ask yourself whether or not you will be able to gather any form of judgment. Genuine answers to these questions can help you to proceed further, making the right decisions for yourself. In case you come up with “no” for an answer to any of these vital questions, you should consider refraining from going to court. However, consulting a lawyer is any day better than making assumptions on your own!
What is a Good Case?
In terms of the law, any lawsuit can be broken down in a number of steps. These steps are components of legally required elements. In order to find out whether you have a good case, you will need to consider many elements. Also, you would have to make sure that you can satisfy or prove each one. The cause of action in your lawsuit comes into play here.
If the injury is caused due to a break of contract:
You need to be able to show that a valid contract existed between you and the other party. If you have a written contract that has been signed by both parties, then it will make things easier for you.
In case of performance, you need to show that you held up your end of the bargain under the terms of the contract. In case of breach, you need to prove that the other party breached the contract. In case of damages, you need to prove your economic damages. If applicable, you might have to include any lost profits in your damage calculation.
If the injury is caused due to negligence:
In case of duty, you need to prove that the defendant owed a duty to you. In case of breach of duty, you need to show that the defendant failed to act a reasonable person would in fulfilling the duty owed to the plaintiff. In case of damages, you need to prove damages. In a personal injury case, damages usually include medical bills as well as damages for pain and suffering caused by the injury.
You must carefully consider the person that you are going to sue. In case you think that a court judgment will be a substantial amount, you should pick a defendant who has the ability to pay.