How do I file a personal injury lawsuit?

personal injury lawsuit

Choosing whether or not to file a personal injury lawsuit is a big decision. There is a lot to consider and making a prudent decision is of paramount importance. So how do you decide if filing a personal injury lawsuit is right for you? What factors should you consider when thinking about filing a lawsuit? What goes into filing a personal injury lawsuit? Here is our best advice for deciding whether or not you should file a lawsuit after an incident or accident.

But before we get started we recommend pausing to take full account of what actually happened.  Emotions run high after accidents and incidents and it is easy to want justice without properly considering if there is justice to be had. In other words, before going any further we recommend taking a deep breath and taking stock of what happened. And once you’ve done that you can start to zero in on what can be done, what should be done, and exactly how to proceed.

Let’s continue.  Here are three key things to do if you think you should file a lawsuit as a result of an incident or accident where someone else might be at fault.

1. Determine if an insurance policy exists that will cover your injuries and any damages.

The first piece of information that you should gather is whether or not there is an insurance policy that will cover any damages or injury related bills. Why is this important? Because while securing a judgement is one thing, actually collecting damages is another matter entirely. If you have been injured and the responsible party does not have an insurance policy then collecting damages could be a challenge.  While many (even most) automobile drivers have liability policies and while many home and property owners have a policy to cover injuries, not all do.  And other, different types of incidents may not be covered at all.  Whether or not a policy is in place should factor greatly into whether or not you proceed with a lawsuit. While you deserve justice if you have been injured in an incident or accident, actually receiving financial compensation can hinge on what level of liability insurance exists at the time of the incident.

That said, some accidents are significant enough that the presence of an insurance policy isn’t a key indicator as to whether or not you should proceed. In such a case the existence of an insurance policy is more of their problem then yours. You should proceed with your lawsuit regardless and let the other party deal with their coverage (or lack thereof)

2. Choose whether or not to retain counsel.

It is true that there are some incidents that are so cut and dry that legal representation isn’t necessary.  Believe it or not, we believe that if you can get the justice you deserve without legal representation then you should do so; it isn’t always necessary for attorneys to be involved. And getting a favorable result without adding complications is a great outcome.

However, if you DO choose to engage an attorney then you can be rest assured that most personal injury firms – including Torero Law –work on a contingency basis. This means that you won’t pay a single penny until you receive an award either through settlement or in a court of law. Even better, most personal injury firms will offer a free consultation so you can understand the possible legal ramifications of what has happened…and what might be at stake.  Either way, if the financial damages or resulting injuries are significant enough then it may well be in your best interest to retain professional counsel.

3. Time to decide whether or not to file a lawsuit

Many personal injury cases can be resolved without a lawsuit.  In fact, our experience is that most personal injury related incidents and accidents are resolved without a lawsuit being filed, much less litigated.  Believe it or not this is GOOD news for you. Lawsuits can be time consuming and taxing, both mentally and emotionally.  So if the question is “when should I file a lawsuit” or “should I file a lawsuit” the answer may be a very simple: not yet.

That said, understanding the differences may very well come down to the legal advice you receive as you consider all of your options.  Trying to navigate a personal injury lawsuit on your own may not always be the best course of action. And when you consider – as we mentioned before – that most personal injury firms will provide a free consultation and work on a contingency basis, it starts to feel a little misguided to not at least get some good, sound advice before making any big decisions.

Making the right decisions and what to do next

At Torero Law we work hard to secure justice for our clients who have been injured or harmed in incidents and accidents where someone else is at fault. But we also believe that our clients’ best interests are best served by securing justice for them in the least traumatic or stressful possible way. We don’t believe that every case should end up in a courtroom where people are asked to testify and fiery arguments are made.  The nuance of the law exists to preserve rights, not to give attorneys a reason to stand in front of judges and juries and make rhetorical arguments.

If you believe that you have been a victim of an accident where someone else is at fault then you owe it to yourself to get professional advice. You should get this advice long before you decide whether or not to file a personal injury lawsuit.  Just as you probably wouldn’t fix a leaky faucet without consulting a plumber, you shouldn’t try to pursue a case with legal ramifications without talking to a legal professional. We’ll say if again: if you think you might need to file a lawsuit then what’s the harm in talking to one of our team members to determine your legal standing, your rights, and the most likely outcomes in the event that you do indeed file that lawsuit?  Contact Torero Law now for a free consultation to better understand your rights and how to secure the justice you deserve.