If you've been injured through no fault of
your own, you may be wondering whether you can file a personal injury lawsuit
to recover damages from the responsible party. Before you contact an attorney
about pursuing a claim, you need to consider three important questions to
determine whether you doing so would be in your best interest.
1.
How strong is my case?
The first thing you need to consider when
contemplating an injury claim is how good your case actually is. This means
determining whether your case has the required elements for filing a lawsuit.
For example, if you were injured by a faulty product, you may be able to file a
product liability claim. Product liability claims are based on three theories
of law:
·
Negligence
·
Strict
liability
·
Breach
of warranty
A claim based on negligence requires the
plaintiff to prove that the product's manufacturer owed a duty to the consumer
to prevent injury and that an injury occurred because of the manufacturer's
breach of this duty. A strict liability claim requires the plaintiff to prove
that a product was defective and unreasonably dangerous when it left the
manufacturer and that the defect caused injury to the victim. Breach of
warranty claims involve a product whose warranty implies it is safe but whose
defect results in an injury to consumers.
You also need to ensure that you have the
necessary evidence to prove your case. This could include police reports,
medical records, photographs of the accident scene, photographs of your injuries,
written communications with your insurance company, witness statements, etc. If
you don't have proper documentation to prove your version of events, you case
could potentially be dismissed.
2.
Do I need to sue?
Depending on the circumstances of your
injury, attempting to resolve the dispute outside of the courtroom may be more
beneficial to all parties involved. For example, if your injuries were caused
in a car accident, you may find it easier to deal with the other driver than
attempting to go through the insurance companies. Keep in mind, however, that
doing so may compromise your ability to file an injury claim later on if your
negotiations are unsuccessful. Even if you decide not to file a claim, you
should consider consulting an experienced personal injury lawyer to determine your best course of action.
3.
Will I be able to recover damages if I win my case?
Another important factor to consider before
filing an injury claim is whether you can actually expect to receive any
compensation in the event that you win your case. This is particularly true if
you're dealing with an individual versus a business or government entity. When
you obtain a judgment against someone, you're responsible for enforcing the
court's ruling in order to actually get the money you're owed. This could
involve pursuing a bank account or property lien or filing a wage garnishment
order. If that person lacks sufficient funds to pay the judgment, you can renew
the order periodically but there is no assurance as to when you will be able to
collect. If the individual files bankruptcy, he or she may be able to discharge
the debt without paying.
If you answered 'no' to any of these questions,
you may need to reevaluate whether filing an injury lawsuit is worth your time
and effort. If you do decide to pursue a lawsuit, seeking the aid of an
experienced personal
injury attorney can
help you to defend your legal rights.
