Questions You May Have in Mind When Thinking About Filing a Personal Injury Lawsuit

If you have been injured in an accident that resulted from the negligence of another person or entity, you may want to be compensated for what you have to go through because of their actions. But you may have a lot of questions in mind, especially if it’s your first time dealing with this type of case. You may be wondering if you have a case in the first place or if it’s worth filing a lawsuit. Because of these complex questions, you want to have a Redkey Gordon Law Corp personal injury attorney advising and guiding you. An experienced lawyer is ready to take your case to court and determine if it’s the right option for you. 

Do You Have a Personal Injury Case?

You can file a civil lawsuit if a negligent party caused your injuries. A lawsuit helps you recover damages that result from your injuries like medical bills, pain and suffering, and lost wages. A reliable attorney can build a solid case for you, convincing a judge or jury that your injuries directly resulted from the negligence of the defendant. Negligence has elements that need to be established. 

Your attorney must establish that the negligent party owed you a duty of care, but breached this duty and harmed you through their negligent actions. Also, it is important to establish that your injuries are a direct result of the other party’s breach of their duty of care and you sustained damages because of your injuries. 

Should You Settle Your Case Without Going to Court?

To secure a settlement with the at-fault party or their insurer, your attorney will have to write a demand letter and send it to them. This letter should mention the facts of your case, gives evidence to support such facts, as well as makes a compensation demand that covers your economic and non-economic damages. This gives the negligent party a chance to agree to the demands or make counteroffers. Back-and-forth negotiations between both parties can take place, with your attorney not settling for less than you deserve. 

What if the Liable Party Refuses to Pay?

When negotiations fail because the insurer refuses to meet your demands, you may want to file a lawsuit. But a settlement agreement can still be reached even after you filed a lawsuit. Sometimes, you may convince the insurer to negotiate with you again after filing a lawsuit. The insurer will always want to protect its bottom line. Trials may cost the company more money than when it settles your case.