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When Should You File a Personal Injury Lawsuit if You Have Been in a Car Accident?

September 3, 2019 By Gauge Magazine

car accidentA car accident can be a traumatic experience, and if you have been in one where it wasn’t your fault, then you have the right to sue the other party. However, the question of whether you want to sue or settle is something you need to think about carefully. After all, not all lawsuits will work in your favor, and the time and effort that goes into making court appearances may not be worth it.

If you are planning to sue, then ask yourself these questions before you take that step:

Is the Insurer Offering You Much Less than the Damage You Incurred?

If your personal injury lawyer believes that your case is worth a lot more than what the insurance company is willing to offer, then go ahead and file a lawsuit.

The tricky part in filing a lawsuit is that you can no longer settle once you have filed your suit. There will be a pre-trial investigation of your claim and the accident, and the insurer will not agree to a settlement while that investigation is ongoing.

So, if you have filed a claim for, say, $50,000, and the insurer’s final offer is $45,000, then you might want to consider a settlement instead of going to court.

Is the Expense of a Lawsuit Worth it?

Once you go to court, your lawyer will incur a lot of out-of-pocket expenses, which will be necessary to fight your case. Here is a list of the costs that would be subjected to in case you sue: then you could buy a 2017 Ford F-150

Court Costs: There is a filing fee that ranges between $100 and $400, the juror’s stipend in case your suit goes to a jury trial, cost of the summons and complaint against the defendant, and court transcript costs.

Expert Witness Costs: If you need to bring in an expert witness to prove the extent of your injuries, that’s another big cost right there.

Deposition Costs: If you have non-trial sworn testimonies, then those need to be recorded.

Cost of Investigation and Information Collection: If you need to hire an investigator or special research is necessary for your case, then you can add on these costs.

These expenses are over and above your lawyer’s fees, and they can pile up pretty quickly. So, it’s a good idea to do the math before you sue.

Do You Have the Time to Wait for the Final Compensation to Come Through?

Court cases can drag on for a long time, especially if the accident was a complicated one. The question is – do you have the time to wait for that final compensation to come through? If you need the money now to pay for the damage to your car, and to pay for the injuries you incurred, then maybe it’s a better idea to settle rather than go to court.

Getting a Trustworthy Lawyer

As a plaintiff, you do not know the inner workings of the law and whether a lawsuit will help you get the compensation you deserve after an accident that left not just your vehicle damaged, but also injured you and your loved ones.

This is why finding a trustworthy personal injury law firm is significant. Your lawyer’s opinion is key to your final decision, so his or her experience in such cases is critical.

A good lawyer will be straightforward with you and tell you honestly whether your suit has merit. He will also let you know if a settlement is better than going to court. So, before you sue, make sure your lawyer is someone you can trust.

Filed Under: News Tagged With: attorney

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