2 Circumstances Where You Should Refrain From Filing A Personal Injury Lawsuit
Many people wonder if they have grounds for a personal injury lawsuit. They might see other people getting a good deal of money from a personal injury suit and wonder if that would work for them. Although, there are some cases where a lawsuit would be advised, there are other cases where you shouldn't file a lawsuit. Here are some instances where you should refrain from filing a lawsuit.
The Defendant Doesn't Have Insurance Or A Large Estate
Assume you were harmed by another person. This person was reckless or negligent when they hurt you, and you believe you have good grounds for suing them. Although everything seems to be in favor of your suit, you need to ask yourself what is the likelihood that they will actually be able to pay the settlement?
Most people have liability insurance. This protects them from paying for accidents that happen on their property, or a car accident that harmed another person. When you sue someone you will usually get your damages from the insurance company. If the person doesn't have insurance they might not be able to pay the settlement, even if you do win. Second, if they don't have an estate to cover the suit then you might have spent all of this money in legal fees and charges without anything to show for it. This is why you should first make sure that you can get money out of the suit. If you can't, then you just wasted time and your own money in legal fees.
Any Reasonable Person Would Have Done The Same Thing
Assume that you were in an unfortunate accident. Although you were left with injuries, you have to ask yourself if the other party did the reasonable thing? A question that is commonly asked in the legal filed is would a reasonable person have done the same thing? For example, would you have reacted the same way? If the answer is yes, then there was no negligence and there was no foul play.
A personal injury lawsuit depends on their being some sort of reckless or negligent acts. If everything was simply an accident that couldn't have been prevented then you shouldn't waste your time or money. Since you are not likely to win the lawsuit.
These are just a couple things that you need to consider before you file a lawsuit. If you fail to take these things into account you could waste your time without anything to show for it. For further information, contact a personal injury attorney, such as one from Fitzpatrick, Skemp & Associates LLC.