When to Pursue a Personal Injury Case

Not all personal injuries should be litigated in court or pursued for settlement. The severity of the injury, the potential permanent damage to the injured party and the responsible party’s resources dictate whether or not pursing a personal injury claim is worthwhile.

The Responsible Party’s Resources

Many times, if the party responsible for causing the injury is uninsured or does not have a large income, it is simply not worthwhile to file a personal injury lawsuit because your potential to actually receive compensation is quite low. Lawsuits are expensive; while many attorneys do not charge fees unless prevail in court their fees are due regardless of whether you actually collect the monies due to you. Therefore, at the end of a lawsuit you could be left owing your attorney without actually receiving your compensation.

You Are Insured

If you have insurance and the other party does not, it might be possible to obtain compensation for your injuries from your insurance. Because of the improbability of recovering from an uninsured individual who does not have vast financial resources it may be a smarter and less troublesome choice to forgo litigation.

You Were Permanently Injured

If you were injured and one or more of those injuries are expected to be permanent, you might want to consider pursing litigation. Permanent damage can often result in a lowered quality of life, an inability to perform normal daily functions, prolonged pain or even a shortened lifespan. Even if the other party is uninsured and without financial resources, the court will make sure you are able to receive any compensation you are awarded by garnishing the other party’s wages or creating a payment plan.

Furthermore, prevailing in a permanent disability lawsuit provides you with evidence to assist you in obtaining social security disability benefits. Prior to awarding these benefits, the government requests proof that you are, in fact, permanently disabled. A lawsuit finding you such satisfies this requirement.

Little to No Injury

Courts do not like to waste time, and therefore have little patience for lawsuits brought when the injured party’s injuries are small and covered by their private medical insurance. If your injuries are not severe enough to have caused you substantial damage and financial loss, consider not filing a lawsuit.

Getting Legal Help

If you were injured in an accident and are considering filing a lawsuit, speak with an attorney about your case. An attorney will review the facts of your case and identify your chances of prevailing and being awarded compensation.

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