Most personal injury cases are settled out of court, usually by negotiating a settlement with an insurance company. People think that filing a lawsuit often time consuming, emotionally draining and costly – and in many ways, they are right. However, in those scenarios when an individual is seriously injured or has sustained financial damage, it’s worth at least considering filing a claim. One fact that may help your decision – many personal injury attorneys do not get paid unless you win your case, which means you won’t have to pay your legal team out of pocket (but rather out of the money awarded.) There are several factors that will help you to determine whether or not you have a viable claim and want to take your case to court – but you should always discuss this with your attorney, and trust their expertise.

If your damages are minor and can be covered by your own insurance, a fair settlement might be the best solution. If you pursue the other party’s insurance company for money that exceeds your insurance payout, that is often sufficient. However, if you and your attorney cannot get the insurance companies to pay you fair or reasonable compensation through a settlement, you may wish to take the case to trial. An experienced personal injury attorney can help you to determine the best course of action.

Do You Have a Viable Case?

Did you experience a significant loss? Did the accident or incident result in a clear personal, physical, or financial loss that cannot be reimbursed without litigation? If so, your attorney might recommend filing a claim.
Was there a violation of duty of care? The injured party is required to prove that a duty of care existed. A duty of care is a legal obligation that is imposed on an individual, requiring adherence to a standard of reasonable care to avoid careless acts that could foreseeably harm others, and lead to claim in negligence.
Is there evidence of your claim? Some types of evidence may only be available to experts, and others may involve photos, videos, and reports that illustrate how the incident occurred as well as proving the damages that took place.
Does the recovery outweigh the costs of mounting a case? Your attorney can help with the answer to this question as well. An attorney will be able to estimate the expenses that are likely to go into building your case, and if the expenses are likely to exceed the recovery. It might not be worth filing if the expected awards are too low.
Is the statute of limitations in effect? A statute of limitations establishes a time limit that starts either when the accident occurred or the harm was discovered. After this time expires, the injured party is no longer allowed to take legal action. Every state has different statutes of limitation for different scenarios, so it’s essential to understand how much time you have left to take action. (Check out Florida statute of limitations here.)

You should speak to an attorney as soon as possible if you are interested in filing a claim to seek recovery for any damages from an accident. The above questions are all excellent indications that you have a viable claim worth pursuing. When it comes to personal injury claims, hiring an attorney is the best course of action, as it is typically at no cost to you – and your attorney will guide you to the best solution. If you or a loved one were harmed and think you might have a viable case, call Probinsky & Cole to to discuss your eligibility and the process for seeking compensation.