Personal injury law allows an injured person to file a civil lawsuit in court and get a legal remedy for all losses stemming from an accident.
You may be eligible for compensation under personal injury law if you’ve been injured. Hiring one of the best personal injury law firms is essential for a positive outcome.
When a personal injury lawsuit is the right option
You should file a personal injury lawsuit if you’re sure of the following:
You have a valid case
You should have a strong case to stand a chance of winning a personal injury lawsuit. This means you must have clear evidence that establishes the negligence or misdemeanor of the other party.
Your lawyer must also convince the jury that you were wronged and are owed damages.
If you don’t have enough evidence, your lawsuit will fail to meet the burden of proof, and the defendant may not have to pay you anything.
You’re unable to reach a settlement
Most personal injury cases are settled outside of court. However, if there is a fundamental disagreement on the facts of the case or if you’re unable to reach a satisfactory settlement amount, you should take the case to court. This will help you reach a better settlement.
For example, an insurance provider refuses to pay you the amount you are owed. You should take them to court, as this will result in them having to pay the full amount for your damages.
The other party refuses to pay
If you have established that you have a case and are owed damages, but the party at fault refuses to pay, you should consider taking them to court.
For example, if you were in a car accident and it is clear that the other party is at fault and they owe you $15,000 but are refusing to pay, you can take them to court.
Things you should know
There are some things you should be aware of before filing a lawsuit.
Statute of limitations
The statute of limitations for all personal injury lawsuits ranges from 2 years to 4 years. If you fail to file the suit before the deadline passes, your case will not be considered in court.
There is an exception for this called the discovery rule. If the victim fails to notice they have been injured at the time of the incident but only realizes it after the statute of limitations has passed, they may have a case.
For example, say someone undergoes a surgery during which a surgeon makes a grave error, but the victim fails to notice as no complications arise until a year or two later. In such a case, the time limit to file a lawsuit starts from the “time of discovery.”
You shouldn’t sue if
There are certain conditions under which it doesn’t make sense to sue. These are mentioned below.
The other party has no insurance
If the other party has no insurance coverage, the likelihood that they’ll be able to pay you what you’re owed is very slim. So, you shouldn’t waste your time pursuing a lawsuit with them.
The other party has filed for bankruptcy
If the other party in the lawsuit has filed for bankruptcy or is looking to do so, pursuing a lawsuit with them is unwise, as they will not have the money to pay for your damages.
A lawsuit will put additional financial strain on you on top of the damages you already incurred due to the accident. So, if the other party does not have a source of funds to pay, it is not advisable to pursue a lawsuit.
