9 Reasons Why People Don’t File a Personal Injury Lawsuit When They Should
Were you ever injured by another person’s irresponsible actions, but you decided not to file a personal injury lawsuit? This actually occurs quite often. For many reasons, you may decide to not sue another. One of these reasons may be keeping you from starting a lawsuit right now.
However, you may want to reconsider. The following are nine common reasons why people choose not to sue — and why those reasons are wrong.
Fear – Afraid of Ruining a Life
We all make mistakes. The majority of us have made irresponsible decisions at one point in our lives. The idea of filing a lawsuit because of another’s mistake which happened to injure you may seem vindictive, cold and even heartless. This mindset can make us believe deep down that we should not file a lawsuit. The truth is the insurance company will pay the price in a good portion of personal injury cases. This is why insurance exists — to protect people financially when things go wrong. By filing a personal injury lawsuit, you have a chance of protecting your life from being ruined financially.
Wealthy – Able to Afford the Injury
Times might be really good financially. Money may not be a problem. In that sense, filing a lawsuit may not seem worth it to you when you can cover the bill. Whenever we are in a recession in America, lawsuits will increase. When times are good, many will choose not to file a personal injury lawsuit when there is actually a good case for one. Wealthy victims of accidents, however, should consider that they should not pay the price of an injury if it is not their fault — even if they have the funds. Also, lawsuits are not just about the money. They can play a big role in accident prevention for the future. After McDonald’s was sued for its 180-degree hot coffee that severely burned a woman, the temperature of the coffee was lowered. Who knows how many burn injuries that one lawsuit prevented?
Time -Lawsuits Consume Great Amounts of Time
This can be true if you choose not to hire an attorney. However, attorneys do a good portion of the work. Every case is different. So, the amount of time a person has to invest can vary from case-to-case. Cases with good, solid evidence and experienced attorneys can be settled early. More complex cases can take months and even years to resolve. Lawsuits can consume time. Yet, if you hire a good attorney, it will reduce the amount of time you have to invest into your case and can make it well worth taking legal action.
Social Pressure – Negative Opinions of Close Ones About Lawsuits
Many people will have friends or family that are completely against suing anybody. They will often declare negative opinions about people who sue due injuries. This can motivate someone to not file a personal injury lawsuit even though the person should. The reality of the situation is those friends are not having to suffer through the damages and financial pain that the accident created. People will change their negative opinions when it actually ends up happening to them. If you have been hurt, don’t let the opinions of others get in the way of you filing a lawsuit.
Religious Beliefs – The Belief that Forgiveness is Not in a Lawsuit
Many religions will teach to not seek revenge and to hold off that natural urge to be vindictive. Religious teachings may focus on forgiveness when others have wronged you.These teachings are deeply respected. They should be encouraged more throughout our society. However, lawsuits are not about seeking revenge. They are about seeking restitution and recovering what you lost due to the irresponsible decisions of another. When you file a personal injury lawsuit, your goal is to make yourself whole again and not to hurt another person.
Knowledge – Lack of Understanding the Civil Legal System
school for three years. So, not everyone understands the legal systems, laws and processes in place in America. Many will not even know that they have a personal injury lawsuit case on their hands after an accident. Since personal injury lawsuits are not widely taught, people will learn about them in many different ways. For some, it may be through television shows or commercials. For others, it may be through a bad experience such as accidentally injuring someone else. By meeting with an attorney, you will get the chance to learn more about your legal rights and the options that the law provides to injury victims.
No Money – Belief The Defendant Has No Funds
Not everything is insured. So, not every personal injury lawsuit will be directed at the insurance companies for financial compensation. This is why you should always consult with a lawyer. You need to learn about the options available to you. If the defendant has a job, for instance, there is a possibility the judge can have defendant’s wages garnished. In some cases, an organization may held responsible for causing an accident and injuries. Never assume you do not have a case. Talk with an attorney first.
Comparing Cases – Assuming Your Case Doesn’t Stand a Chance
Lawsuits can have similar origins: A car accident, dog bite or construction site incident to name just a few. Since a good amount of personal injury accidents are common and similar in nature, there is even a chance that a close relative or a past friend had a very similar accident and lawsuit but lost. It can then become easy to believe that you do not stand a chance at meeting success if you file a claim. Never compare and assume your case is a lost cause. Instead, speak with an experienced personal injury attorney. There is a good possibility your friends case had one key element missing in their case. That key element could have been physical evidence or a witness. In some cases, it could be the attorney or the argument presented to the judge or jury. Many variables go into one case, which naturally makes each case different. So, you should never assume the outcome of your case.
Severity of Injury – The Injury Was Not Big
Not all injuries are severe. But not all of the damages are physical. For example, if you were in a car accident, and you came out of it with a couple scratches you may think you have no case. However, your car may have been majorly damaged or totaled. Repair or replacement will come at a heavy price. Then, you may notice that you are afraid to drive and have suffered serious psychological harm. This can all factor into a personal injury lawsuit. Always consult with an attorney — even if you were not severely injured.
In the end, it is your choice. Regardless of what you choose, you should always talk with an experienced attorney before making your decision. Understanding your options will help you to make a more educated decision that can greatly benefit your life.
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