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Do You Have to File a Personal Injury Lawsuit?

Personal Injury ClaimDealing with an injury is physically painful, but it can also be emotionally draining and time consuming. When you have so much on your plate, you may not want to add anything else. You may be wondering if it’s even worth it to file a personal injury lawsuit. If your injuries are minor and the responsible party is willing to cover your costs, you may not need to file.

But, filing a lawsuit is usually the best option when you have incurred serious injuries, can’t work, and/or are experiencing pain and suffering due to an injury caused by another party.

Take a look at a few key situations where you should contact an attorney or consider filing a claim.

An Insurer Has Given You a Lowball Offer

Sometimes, you can avoid a personal injury lawsuit by filing a personal injury insurance claim. For instance, if you are in a car accident and suffer minor injuries, the at-fault driver’s insurer may offer you a settlement. If the settlement truly covers all of your injuries and expenses, that can work. But, in a lot of cases, insurers offer lowball settlements.

Sometimes, these companies offer small settlements due to policy limits. If you’re worried that a settlement doesn’t cover all the damages you have incurred as a result of the injury, you should consult with an attorney about filing a personal injury lawsuit.

You Want Help Negotiating with the Insurer

Keep in mind that personal injury attorneys don’t necessarily have to take your case to court. These lawyers can also negotiate with the insurance company on your behalf. To get a fair settlement, you have to convince the insurance company that their client was responsible for your injuries, that you suffered damages as a result of the injuries, and that the amount of the damages you are requesting is appropriate for the situation.

You may also have to prove that the injuries prevented you from working or caused intense pain and suffering. That can be hard to do on your own, but an attorney knows how to handle that process effectively.

You Have Suffered Serious Injuries

Often, the extent of your injuries dictates whether or not you should file a personal injury lawsuit. If you are dealing with any of the following issues, you should contact a personal injury attorney:

  • A loved one’s death
  • Dismemberment
  • Disfigurement
  • Intense scarring
  • Loss of a bodily organ or a bodily function
  • Issue, such as a herniated disc, which requires extensive surgery
  • Injuries which prevent you from working or performing daily activities
  • Significant or constant pain

The Other Party Can’t Come to an Agreement in Mediation

Often, before going to trial, many people start with mediation. This is an informal proceeding that usually involves you, your attorney, the defendant, their attorney, and a professional mediator. The mediator tries to help everyone agree on a fair settlement.

If you can’t come to a satisfactory agreement in mediation, you may need to move forward with a lawsuit. However, mediation tends to be less expensive and easier than a lawsuit. To get the best results, you should work with a lawyer who has experience with mediation. At Mazow | McCullough, PC, we helped a client win $500,000 for premise liability negligence in mediation and we secured a  $150,000 medical malpractice settlement in mediation.

A Lawyer Suggests Filing a Personal Injury Lawsuit

Deciding if you should file a personal injury lawsuit on your own can be difficult. To help you decide, most attorneys offer free case evaluations. During the evaluation, the attorney listens to your story, helps you assess your damages, and gives you an overview of how your case is likely to go. Generally, if a personal injury attorney believes that you have a solid case, they agree to handle your concerns on a contingency basis. Mazow | McCullough, PC only gets paid if we win you a recovery.

However, some personal injury lawyers will agree to work on a fee-for-service basis. Usually, attorneys only structure their fees in this way if they aren’t sure that you can win the case. Ideally, you should not work with a personal injury lawyer who charges upfront fees. You should only work with a lawyer on a contingency basis. If you meet with a quality personal injury attorney and they advise you to bring forward a personal injury lawsuit, that’s a strong indication that you should probably move forward with the case.

You Want Fair Compensation for Your Injuries

The number one reason to file a personal injury lawsuit is so that you get fairly compensated for your injuries. At Mazow ❘ McCullough, PC, we help our clients get financial justice for their injuries. To set up a free case evaluation, contact us today.

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