Should I File a Lawsuit in my Personal Injury Case?

Should I file a lawsuit in my personal injury case

Many people think that attorneys file a lawsuit in every personal injury case. However, the vast majority of car accident and slip and fall cases never require a lawsuit. Instead,  experienced personal injury attorneys are able to resolve the injury claim directly with the insurance companies. 

However, in the scenarios wherein the claim is not resolved between the law firm and the insurance company, a personal injury lawsuit can be necessary. However, it is not always an obvious choice, That is why injury victims need an experienced attorney to provide them with proper legal advice. While a victim may wish to hold the responsible parties accountable, a lawsuit is not always the right decision.

Before I File a Lawsuit in my Personal Injury Case

Prior to the filing of a lawsuit, most personal injury claims are presented to insurance companies directly. An experienced personal injury lawyer can quite often present their client’s case in the best light without the need for the contentiousness that comes with litigation. But most Florida personal injury victims do not know anything about this “presuit” process.

During the “presuit” claims process, the victim’s attorney presents evidence directly to the insurance company’s adjuster. Then, the insurance company evaluates the evidence and makes an offer to settle the claim. Then, the client decides whether the offer is fair enough to accept or not.

Insurance companies make fair offers to settle injury claims a lot of the time. The insurance adjuster will realize that their insured is at fault and hurt the victim. Then they will make a fair offer and both sides will settle amicably. However, that is not always the case.

Personal injury attorneys exist because insurance companies do not do the right thing. Without an attorney, injury victims tend to receive much smaller settlements. Additionally, many injury victims find that the insurance company unnecessarily delays in responding to demands. Other victims receive lowball offers for their injury claims. In those scenarios, when insurance companies refuse to play fair, injury victims need a lawyer to file a personal injury lawsuit.

When to File a Lawsuit in your Personal Injury Case

As mentioned above, even if the insurance company isn’t making a fair offer, it is not an automatic decision to file a lawsuit. There are a lot of factors to consider before filing a personal injury lawsuit. 

The first thing that anyone considering filing a personal injury lawsuit should understand is that it is a long process. Once your attorney files the lawsuit, the defense gets 20 days to answer the lawsuit. The defense also receives 30 days to respond to discovery requests. Further, both sides will often take depositions which are coordinated months out. Then, to get to mediation, both sides have to agree to a time for all parties to meet to attempt to settle the case.

There are a lot of structures within the litigation process that simply cause it to take much longer than the presuit process. While a presuit case can settle in a matter of months, a lawsuit can take years to resolve.

Additionally, litigation is expensive. Not only does the personal injury attorney’s fee increase, but there are a lot of costs associated with litigation that simply do not exist in presuit. Aside from filing fees, there are expert costs and investigators to pay. These costs all come out of the client’s net recovery.

Ultimately, due to the time it takes and the costs associated, there are many times where it is wiser to take a settlement for slightly less than the ideal amount in order to avoid the costs, time delay, and risks of litigation. However, this is a fact intensive question that you should discuss with your attorney.

What Compensation can I receive for my Lawsuit?

In the United States, we follow a rule where each side in a legal battle agrees to pay their own attorneys’ fees. However, when we file a lawsuit there are a number of other damages for which we can seek reimbursement. Those items are:

  • Medical treatment bills
  • Cost of future medical treatment
  • Lost wages
  • Loss of future earning capacity
  • Property damage
  • Pain and suffering
  • Mental anguish
  • Loss of the ability to enjoy life

Call Knapp Accident & Injury Law

If you, or someone you love, has been injured in a car accident or a slip and fall, you need an experienced attorney that understands Florida personal injury law. We are not afraid to file lawsuits when the insurance companies don’t take your claim seriously. You should also be aware that a statute of limitations applies to your personal injury case.

Knapp Accident & Injury Law is available 24 hours a day, 7 days a week to provide you with a free consultation about your injury case. Call us today at (813) 568-3724.

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