Three Factors to Keep in Mind Before Filing a Personal Injury Lawsuit

Are you suffering from an injury because of another person’s negligence? If so, it is your right to pursue compensation. But, recovering from compensation is up to you. Thus, you need to carefully consider your options. If you want to file a lawsuit, you must think about several factors including whether or not to hire a Portland personal injury lawyer. The right attorney provides a free consultation during which you and your attorney can talk about the facts of your claim and determine your legal options. The following are factors you must consider before you consider filing a personal injury lawsuit:

Do You Have a Strong Case?

It is one thing to establish your claim’s validity; however, to win your case in court, your attorney should convince a jury that you sustained damages because of another party’s negligence. Keep in mind that as the victim, you should prove your injury claim. You need to prove that the liable party had a duty of care to you, that they breached this duty, and caused your injuries and damages. If you are not sure about your claim’s strength, your lawyer should be ready to discuss it with you during a free consultation. 

Did Negotiations Fail?

A lot of people believe that you should immediately take your case to court to recover compensation. But, some personal injury cases don’t have to get settled in court. Although it might be necessary to file a lawsuit sometimes, there are other dispute resolutions such as arbitration and mediation you can consider. 

But, most injury claims don’t also make it to such processes. A lot of claims may be negotiated with the liable insurer. A great attorney can negotiate with the at-fault party’s insurance company and help maximize your compensation. If the company refuses to negotiate, you may have to file a lawsuit to recover compensation. 

Can You Collect Damages?

If you fail to negotiate a settlement or resolve the dispute through out-of-court settlements, you can let your attorney file a lawsuit in court for you. But, you must consider whether you can collect on the damages the jury or judge will award you. 

Although an insurance company can pay out your claim, the policyholder’s liability limits may not be enough to cover the full extent of your damages. In this case, you may collect from the assets of the at-fault party, if they have any, making the lawsuit more complicated. This is the reason you should always have an attorney representing you in every step of the recovery process. 

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