Accidents and injuries can happen to anyone, anywhere, at any time. While Isenberg & Hewitt focuses on only the most serious personal injuries, these personal injuries can be catastrophic and the aftermath can be overwhelming. Dealing with potentially life-altering injuries, expensive doctors’ visits, time spent dealing with insurance and lost wages can add up financially and emotionally. Seeking compensation through a civil case can be a vital step toward recovery.
So how do injury victims know whether to pursue a personal injury claim and get a lawyer involved? Read on to learn more about personal injury claims and when it may or may not make sense to file a lawsuit.
What is a Personal Injury Claim?
A personal injury claim is a legal process that arises when someone suffers harm from an injury-producing incident and seeks damages from another person or entity that might be legally responsible for that harm. Although many people think of a personal injury case as involving a motor vehicle accident, there are many other incidents and any number of places that could lead to a potential personal injury case.
Some examples of personal injury claims include claims of negligence on the part of an owner or management of a property causing an injury-producing slip and fall incident or a physical assault at any number of facilities including multi-family communities or apartment complexes, parking areas, malls and shopping areas. Other examples of personal injury might involve being the victim of sexual assault or violence on a property, as well as incidents involving nursing home and behavioral institution neglect or physical assault.
The primary objective of these claims is seeking appropriate financial compensation for the injured party, the victim or the victim’s family if the event resulted in a wrongful death. The financial compensation would include medical expenses, lost wages and compensation for the pain, suffering and emotional damages caused by the injury. In cases of wrongful death, medical expenses, funeral expenses and compensation for the full value of the life of the loved one are among the damages sought.
When Does a Lawsuit Make Sense
1. When The Other Party is at Fault
When the fault of the other party is clear and well-documented, pursuing a lawsuit can sometimes be almost seamless. The more evidence you have to prove the other party’s actions, inactions or negligence caused an injury, the more likely you are to achieve success in your case. Evidence such as police reports, eyewitness testimonies, medical records and video footage can be extremely helpful in establishing liability and strengthening a case. It’s always good practice to keep records and documents from the incident to ensure that no evidence is left behind.
Fault or negligence is not always clear and facts crucial to a successful personal injury claim, more often than not, require a deep dive into all the facts and circumstances causing an injury-producing event. While sometimes a minor injury can be resolved with a simple phone call, oftentimes that deep-dive resulting in a just and proper conclusion requires the assistance of experienced legal counsel.
2. When You Sustained Severe or Life-Altering Injuries
If you sustained serious injuries that result in long-term or permanent disability or require extensive medical treatment and/or rehabilitation, a lawsuit – in almost all likelihood – requires experienced legal counsel. Serious injuries often involve significant costs and impact one’s ability to work and live life normally, making it crucial to seek adequate compensation. If you believe your life will be forever altered due to another’s mistake, you should consider contacting a lawyer familiar with and experienced in handling cases involving serious or catastrophic injuries.
3. When Directly Dealing with an Experienced Insurance Adjuster Might Work to Your Disadvantage or Insurance Company’s Settlement Offer is Insufficient
Insurance companies always aim to minimize claim payouts. Sometimes in smaller cases you can resolve a claim yourself with an adjuster. If the settlement offer from the insurance company is insufficient to cover your medical bills, lost wages and other expenses, filing a lawsuit may be the only way to seek the compensation you deserve. In serious or catastrophic injury cases, there may be multiple routes to obtaining just and appropriate compensation that only a lawyer would be able to identify and quantify. In serious or catastrophic cases and wrongful death cases it is recommended that you at least consult an experienced personal injury trial lawyer to learn more about pursuit of these claims and assist you in weighing your options.
4. When Considering Who May Actually Be Liable
In a civil lawsuit for personal injury, many times the best option for obtaining just compensation may not be suing an individual perpetrator or negligent party. More often than not, individuals have limited resources or funds to provide adequate compensation for the injuries you sustained. A skilled trial lawyer will analyze the evidence in your personal injury, explore options that will best enable you to secure just compensation for your case and determine if there is another party or entity that might be held liable or ‘at-fault’. An example may include a building or property management company or perhaps the manufacturer of faulty equipment. These parties are sometimes negligent and perhaps helped set the stage for an injury-producing event to occur and, more likely than not, have the funds or insurance coverage required to adequately compensate someone for a catastrophic injury.
When Is a Lawsuit Not the Best Option?
1. When Your Injuries are Minor or Minimally Impact Your Life
For minor injuries that require minimal, or no medical treatment, the cost and time associated with involving a lawyer or filing a lawsuit usually outweigh the potential benefits. In these minor cases, negotiating a settlement with the insurance company yourself might be a more practical approach as many lawyers will reject a cost-prohibitive case or will charge a fee to assist you which can even negate any compensation from a small injury or cost prohibitive claim.
On top of what you’re seeking in compensation, attorney fees, court costs and other legal expenses can add up quickly. If the potential compensation is not significantly higher than these costs, it might not be financially viable to pursue a lawsuit or a strategic move for the victim. An experienced attorney, like those at Isenberg & Hewitt, will advise you on whether or not to pursue a case.
2. When there is a Lack of Evidence
If there is insufficient evidence or support to prove liability or successfully demonstrate damages, pursuing a lawsuit can be challenging, and more likely than not, cost prohibitive. Without adequate evidence of fault or negligence or support for your injuries, chances of success may be limited. An experienced attorney, like those at Isenberg & Hewitt, will advise you on whether there’s an achievable option to recover the damages you seek.
3. When Time and Stress Outweigh the Claim
A civil lawsuit can take months or even years to resolve. On top of that, rehashing the incident multiple times can be emotionally distressing and keep a victim from moving on with their life. For some individuals, the stress and emotional toll of a lawsuit might not be worth the potential compensation. In such cases, seeking an alternative resolution through negotiation or mediation might be more appropriate, but, much like a trial, those options also benefit from an experienced lawyer. Learn more about litigation versus mediation in personal injury cases on our blog.
An Experienced Trial Lawyer Can Help You Decide Whether to Pursue a Personal Injury Claim
Deciding whether to pursue a personal injury civil lawsuit requires careful consideration of multiple factors, including the severity of your injuries, the clarity of liability, the adequacy of settlement offers, the potential costs and emotional impact of a lawsuit.
One of the most important steps you can take after an extreme or catastrophic injury is to consult with an experienced personal injury attorney that is familiar with handling your type of case. An experienced trial lawyer can evaluate your case, provide legal advice, explain the pros and cons of a lawsuit and help you understand your options. By sharing the complexities of your case with an experienced trial attorney, you’ll have an expert opinion about whether trying your case is the correct path through which to pursue just compensation.
Experienced trial lawyers can, in the right circumstances, sometimes negotiate with insurance companies to achieve just and proper compensation on your behalf and can pursue recovery through litigation if necessary. When selecting a lawyer, you need to discuss whether that lawyer will prepare your case for trial or merely put enough of an argument together to attempt to reach a settlement.
In most cases, if liability and damages can be reasonably shown, it will result in a settlement. However, if your case is only prepared for settlement, any offers will likely fall short of what is just and proper. If you decide to pursue your case through litigation, you and your lawyer need to be prepared to go to court. If you are both prepared to take the case to court, a fair, just and appropriate settlement is more likely to be achieved.
Not every personal injury incident warrants a lawsuit. By understanding when a personal injury lawsuit makes sense and when it doesn’t, you can make informed decisions that align with your best interests.
If you or someone you love was seriously injured or a loved one was the victim of wrongful death due to another party’s negligence, contact us for a free consultation.