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When Should I Consider Filing a Personal Injury Lawsuit?

If you were injured as the result of someone else’s negligence, you have rights. However, there are a lot of things that confuses people about personal injury cases. For instance, a common question that a personal injury lawyer is asked is when to file a personal injury lawsuit. Another common question is “how much time do I have to file a personal injury lawsuit?” The goal with this article is to help you determine if you should move forward with your personal injury lawsuit.

Understanding Everything That You Need to Know About Personal Injury Lawsuits

Personal injury lawsuits can be highly complex cases. Knowing what to expect in these cases can be essential in helping you know whether or not this is a process that you want to go through. This section will take a look at some of the most important basics of personal injury lawsuits. You should file a case as soon as possible so that you can get your money sooner and to avoid an issue like dealing with statute of limitation.

One thing that is important to know is that, for the most part, these types of cases will be settled out of court. This is the ultimate goal. That’s why the personal injury lawyer will work so hard during negotiations. The goal is to get you fair compensation without having to go to court. The reason why this the goal is because by going to court, this is going to be more expensive for you meaning that you get less compensation. The Injury Firm’s personal injury lawyers won’t settle for anything less than a fair amount for your settlement.

There are different steps that are common in most personal injury cases. These steps include:

  • Discovery

Discovery is a fact-finding process where each of the parties involved with the case establish their facts of the case. The opposing parties can also look at the other party’s evidence and witnesses to help strengthen their case.

  • Motion

The defendant’s attorney will make a request to the court, known as filing a motion. These motions can be either dispositive or non-dispositive.

  • Settlement

As previously mentioned, typically the goal is to settle out of court as this is the most cost-effective solution. This is where the negotiations and mediations process take place to try to come to an agreement over compensation.

  • Trial

The trial is the final step, if there is no resolution during the settlement phase.

Things to Consider Before You File a Personal Injury Lawsuit

There are some things that you should consider when deciding on whether or not you want to file a personal injury lawsuit. Here, you can learn some things that you should know about when you are considering filing a personal injury lawsuit.

Personal Lawsuits Were Specifically Designed to Protect Victims

When someone is injured after an accident, they have a lot on their plate. Injuries can be financially, emotionally, and physically devastating and can significantly impact your regular routine. These lawsuits are here to protect your rights as a victim, allowing you to recover compensation for your injuries. The personal injury attorney can get you the compensation that you are entitled to after your accident.

Lawyers Offer the Best Outcomes

The insurance companies that are typically responsible for paying out money in these types of lawsuits often have fancy lawyers fighting to help them keep their money. If you want to get the compensation that you deserve, you need to also have a lawyer by your side. Lawyers can help you get more money than you would get without having a personal injury lawyer fight for you. This is because they can navigate the complexities that comes with personal injury lawsuits.

Free, No-Obligation Consultation

People are afraid of lawyers because they can only think about the costs. They even think that they have to pay money just to have a consultation. But the reality is that you can often get a free, no-obligation consultation when you choose a lawyer such as ones at The Injury Firm. You can learn whether or not you have a viable case before moving forward.

Insurance Adjusters are Tricky

Insurance companies are in the business of keeping as much of their money as possible. That’s why they do what they can in order to pay as little as possible after an accident. This is where a lawyer comes in to help. Insurance companies may trick you by asking questions or offering you money upfront if you promise not to pursue the case any further. You should never talk to an insurance adjuster or sign anything without a lawyer.

Must Establish Negligence

In order to sue another party for your accident, you need to prove that they were either negligent or didn’t take reasonable care to protect you, and this led to your accident. Without proving this, you cannot prove your case. A lawyer can be key here because they know how to get the evidence that you need to prove the other party was negligent.

Pros and Cons of Filing a Personal Injury Lawsuit

There are a couple of pros and cons to consider before you move forward with your case. You need to consider that if you do go to trial, you may not get as much money as you would have with the settlement. This can be due to the amount that you get in your awarded money and how much the lawyers will take from this.

When you file a claim, the insurance company will try to settle for whatever they think that you would get if you went to trial. By taking the case to trial, you may find out that you don’t have as much evidence as you thought you did. This can mean that you end up getting no money.

While going to trial may not be the ideal outcome, there is the potential for you to end up getting more money than you would if you just settled. However, this can be incredibly risky and may not always pay off. This is why it can be a good idea to listen to what your lawyer thinks you should do. If they think you should settle, this means that you are likely already getting the fairest outcome possible.

Your lawyer will be the greatest asset that you have during this time. Your team at The Injury Firm has your best interests at heart, which is why they fight to ensure that you get the best outcome possible. These are complex cases, and a lawyer can let you know all about this process and each step that you will experience every step of the way. They will tell you if you should stick with the settlement offer or if you should move forward with a trial because the pros outweigh the cons.

Conclusion

The Injury Firm has the team of experts that you need for help during the process of filing a personal injury lawsuit. Our team works hard to ensure the best possible outcomes for your specific case. We always have the best interests of our clients in mind as we work, working hard to get you the compensation that you are entitled to. If you were injured in a personal injury case, contact us today to see how our team can help you.

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Disclaimer

The information contained in this website is provided for informational purposes only.  This website may contain information about The Injury Firm's past results, testimonials about the firm or a lawyer within the firm, and statements regarding the quality of The Injury Firm's work product. This information has not been reviewed or approved by The Florida Bar. Please be advised that: 1) the facts and circumstances of your case may differ from the matters for which results and testimonials have been provided: 2) Not all results of cases handled by the firm or its lawyers are provided and not all clients have given testimonials; and 3) The results and testimonials provided are not necessarily representative of results obtained by the firm or by its lawyers or of the experience of all clients or others within the firm or its lawyers. Every case is different, and each client’s case must be evaluated and handled on its own merits.

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