Filing a personal injury lawsuit is never an easy decision, but when medical bills are piling up and the victim is unable to go back to work, filing a lawsuit seems like the next step.
A personal injury lawsuit may be filed by the victim of an auto accident, slip, trip and fall, or if he/she was hurt while on the job. No matter the circumstances, the lawsuit can help the victim obtain compensation for medical expenses, wages lost, and even the pain and suffering experienced during the accident that caused his/her injuries.
First and foremost, the victim needs to contact an experienced personal injury lawyer for a consultation. The consultation can help the victim divulge the details of their accident so the lawyer may determine if the details of your claim warrant filing a lawsuit. A lawsuit may be filed after a claim is filed with an insurance company, such as an auto insurer, and the negotiation process breaks down. Oftentimes, a lawsuit is filed when an insurer is not willing to pay for the victim’s full damages.
Also, filing a lawsuit could entail going after a company or individual’s assets so that damages are fully recovered. Some damages, such as medical bills, are easier to put a monetary value on. However, other damages, like mental anguish, are much more difficult to determine, which is why having a personal injury lawyer on your side is important.
After filing a lawsuit, the insurer or defendant may decide that they do not wish to go to trial and will thus offer a settlement. A negotiation is often the better option is it means the victim can avoid the costs and duration of going to trial. Keep in mind that with a lawsuit, expenses might include filing fees, time off from work for depositions or the days of the trial, expert witnesses, and the costs for obtaining medical records, police reports and more.
Not all injuries will warrant going to trial. There are some more serious injuries, such as those that lead to temporary and permanent disability, are more likely to result in a trial. The decision to file a lawsuit is one that needs to be made carefully as you don’t want the suit to be dismissed. If you have questions about filing a personal injury lawsuit, contact the personal injury lawyers at Carter Mario for more information.