How To Decide Whether You Need to File a Lawsuit
When you are seriously injured in an accident, you may have the option to seek financial compensation from the party or individual who caused the accident. If the legally responsible party has insurance, you or your attorney may be able to come to a settlement to resolve the matter. However, if you are able to agree on the terms of the settlement, your only option may be to file a lawsuit.
However, even if you are unable to resolve your claim during the negotiation steps, you should not file a lawsuit until you and your personal injury attorney have done your due diligence. Two important questions you should ask to determine whether you should file suit are:
- Do I have a good case?
- Assuming I win the lawsuit, will I be able to collect?
Do I Have a Good Case?
In order to determine whether you have a good case, your Orange County personal injury attorney will most likely break your case into a short list of the legally required elements. The four elements that are common in the majority of personal injury claims include:
- Duty: Did the party you are planning to sue owe you a duty of care?
- Breach: Did the party breach this standard of care?
- Causation: Did the party’s breach of his or her duty of care cause you injuries?
- Damages: Did you in fact suffer damages?
Answering these questions will help you better determine whether you have a solid case.
Can I Collect If I Win?
Assuming that your Orange County personal injury attorney determines that you have a good case, you should still investigate as to whether you would be able to collect on the judgment if you win your case. In other words, there is no point in filing suit and getting a monetary judgment against a deadbeat who can’t pay you.
Call Us Today!
For more information or to schedule a complimentary consultation with an experienced Los Angeles personal injury attorney, please call the Law Offices of Samer Habbas at 1-888-848-5048.