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Should I Sue for Personal Injury

By Aghabegian & Associates on January 18, 2022

If you were recently injured following an accident that wasn’t your fault, then you may be wondering whether to sue for personal injury. Personal injury lawsuits are legal remedies for physical or emotional harm. These claims are typically filed in court or through the at-fault party’s insurance company.

Whether filed in court or with the insurance company, claimants have the opportunity to recover compensation for damages that range from medical bills and loss of wages to emotional trauma like pain and suffering. However, before filing a lawsuit, it’s important to determine the kind of legal claim you have, to ensure it falls within the category of personal injury law.

Personal injury claims can be filed for a wide range of incidents, including car accidents, bicycle accidents, motorcycle accidents, elder abuse, pedestrian accidents, dog bites, wrongful deaths, and slip and fall accidents. Whereas auto accidents, medical malpractice, and slip and fall accidents can often be resolved by filing either a civil lawsuit or insurance claim, defective products, assault and/or battery, and animal attacks (including dog bites) can typically only be resolved through civil lawsuits (though there are a few exceptions, such as a class action lawsuit brought by the victims of a defective product).

Finally, the only situation in which you may not wish to file a personal injury claim is if you were not seriously harmed by the incident, or your injuries were so minor that they were completely healed within one or two visits to the doctor. To determine if your injuries, either physical or emotional, were serious enough to warrant a lawsuit, ask yourself the following questions: Were you taken to the emergency room immediately after the accident? Did you suffer a neck or head injury, such as a concussion? Have your injuries yet to completely heal, even after weeks or months of recovery? Have you experienced persistent neck or back pain ever since the accident that wasn’t there before? If you answered yes to any or all of these questions, then a personal injury claim may be worth filing.

Ultimately, when asking yourself whether you should sue for personal injury, we recommend considering the extent of your injuries as well as the type of incident that led to your injuries.

When You Should Sue for a Personal Injury?

Depending on which state you live in, there may be a statute of limitations on filing personal injury claims. For this reason, it’s important to consult with a personal injury attorney and file your claim as soon as possible following the incident. As an example, in the state of California, injured parties have two years to file a personal injury claim from the date of the incident. And if property damage was involved, then you have three years to file your claim. However, if the incident involved a government employee or government property, then you have just six months to file a personal injury claim and your claim must be filed directly with the government agency. Be sure to research the statute of limitations on personal injury claims in your home state. 

What You Need to Know to Fill a Personal Injury lawsuit.

If you’re considering filing a personal injury lawsuit, then you’re probably wondering what the process is like. What you need to know about filing a personal injury claim is as follows: The first step is hiring a personal injury attorney with a proven track record to represent you. From there, your attorney will file the initial papers with the court called pleadings. This is followed by the fact-finding and discovery phase, where you and your attorney will gather evidence about the at-fault party and the incident. Next, you will enter the negotiations phase where your attorney will aim to negotiate a beneficial settlement on your behalf. More personal injury lawsuits end in settlements than trials. However, if a mutually agreed-upon settlement cannot be reached then your case will go to trial, where a final ruling will be made. Assuming you “win” your civil lawsuit by being awarded damages, the final step is collecting the compensation you are owed and paying any applicable legal fees.

Is it worth filing a personal injury claim? (Pros & Cons)

The decision of whether to file a personal injury claim is not one to be made lightly. To help you make the right decision, consider the following pros and cons. 

Pro: Filing a claim may result in significant compensation. There is no denying that filing a personal injury claim can be lucrative, especially with a skilled attorney by your side. This is because, when you file a personal injury claim, you have the opportunity to recover considerable damages. There is no limit to the number of damages you can claim, and there are all kinds of recoverable damages relating to both physical and emotional injury. For example, damages that you and your personal injury attorney may decide to pursue include lost profits, lost wages, lost career opportunities, mental anguish, loss of enjoyment, loss of companionship, and past, present, and future medical expenses.

Pro: Hiring an attorney to file your claim allows you to focus on your healing. Filing a civil lawsuit can be an overwhelming experience, but not if you have the help of an experienced attorney. A personal injury attorney will guide you through the entire process and represent you from start to finish, allowing you to sit back, relax, and focus on your recovery. 

Con: It can be difficult to relive the event in detail. We understand that discussing an event that caused you serious harm can impact your mental health. For this reason, we recommend choosing an attorney who is kind and compassionate and focuses on the well-being of their clients. 

Con: If someone you know is responsible for your injury, you might be hesitant to file a claim. Though we understand that filing a personal injury claim against someone you know could be awkward, it’s worth noting that the lawsuit would be filed with the insurance company, not the person directly. 

Conclusion

At the end of the day, if you aren’t sure whether to sue for personal injury, we recommend consulting with an experienced personal injury attorney, like those at AAESQ Law. AAESQ Law offers free consultations to all prospective clients. Get in touch today to schedule your fully complimentary, no-obligation consultation. 

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