Every personal injury action is different, and each victim must decide for themselves whether they should sue. In some cases, Sevey Donahue & Talcott can determine the validity of a suit while achieving a good outcome for the victim. The following article lists some personal and legal factors that victims should consider when deciding to file a lawsuit.
* From the legal standpoint, does the victim actually have a valid claim that can be held to the standards of proximate cause and negligence in court? If a claim is difficult to prove, or if the victim contributed to their injuries, they may have a harder time recovering.
* Did the victim’s damages exceed the cost of filing a suit and recovering financial losses? In many cases, a victim facing rehabilitative care, ongoing medical bills and long-term issues should file a lawsuit. The victim should remember that future claims must be included in the settlement agreement, as the defendant’s liability is often negated during settlement.
* Did the injured party sustain non-economic damages, and are those damage claims legally sustainable? If the answer is yes, the victim should consider a lawsuit.
* Which parties are potentially liable? Though it has no legal basis, an individual victim is often reluctant to sue a small business or individual who has no liability insurance.
* If an injury presents medical bills, persistent pain or lost income, or if it prevents the victim from living as they did before the accident, the victim should consider legal action.
* If a victim feels that their damages and injuries will get worse as time passes, they typically have a reason to file.
When It’s Best to Have a Lawyer
By consulting a personal injury attorney in Sacramento, CA, a victim is not taking legal action against another party. However, speaking to an attorney can give a victim insight as to their legal options, should they choose to go that route. Before taking those steps, victims should know about their rights, the costs of legal action, and what they can potentially recover in damages. Only a personal injury attorney in Sacramento, CA can give victims access to this important information.