It’s a common situation: all other options have been explored and exhausted by client and attorney, and it’s apparent that it is time to file a lawsuit. It’s not like most people want to go through the process of filing a lawsuit. Even when you’re a plaintiff in a personal injury claim, the whole long, drawn-out course of filing suit can be downright draining. Therefore, when most people decide to follow suit, it’s not like they want to, but it’s because it’s glaringly obvious that it’s the only way to reach what they perceive as justice in their claim.
What if, however, it doesn’t feel so cut-and-dry? As a personal injury plaintiff, surely you’ll want to avoid the extra fees, costs, and time of filing suit, but how do you know the cost will be outweighed by the benefits of filing suit?
Of course, it’s best to consult with a seasoned Louisiana personal injury attorney to know when to make that call. In personal injury lawsuits, as in life, there are times when that decision is not so clear, and times when it is very clear. Here are some benefits of filing suit in your personal injury case, along with some general hints that it might be the best thing to do.
The Benefits of Filing Suit in Your Personal Injury Case:
1. Some Cases Just Shouldn’t Be Settled.
Very often in personal injury cases, the damages are ongoing; our client might still be treating or incurring other costs from the injury or accident. Ideally, we want those future, ongoing costs and damages to be considered in our client’s final amount. If the settlement offers you are receiving do not account for those costs, that might mean it is time to file suit. There are certainly other times when the settlement offers given by the other party or parties are simply not sufficient even when considering the current damages in the case. When dealing with a stubborn party who is simply not making what we would deem anything close to what would be a sufficient settlement offer, it might be time to file suit.
2. Filing Suit May Result in a Better Settlement Amount.
Sometimes, the other party will simply not take a claim seriously during the claims process. At that point, the act of filing suit can “light a fire” under that entity, show them that you are serious about receiving what you deserve, and facilitate more reasonable settlement negotiations. A personal injury lawsuit can still settle “out of court” after a suit is filed. Therefore, it is certainly possible for a client to file suit and still receive proper compensation without ever having to step foot in a courtroom.
3. Multiple Parties May Require a Consolidated Approach.
When there are multiple parties liable for your injury, it is often best to consolidate your multiple claims into a single lawsuit. A client may need to hold multiple insurance companies liable along with an individual and a corporation within a single lawsuit. Truly, the combinations and amounts of entities within lawsuits can vary greatly. Every personal injury claim is unique. If you have multiple entities liable, it’s not extremely likely that each of them will take the time and attention to offer the client a reasonable total amount. This is also why it’s best to have an experienced attorney devote their full attention to your personal injury case. A trained set of eyes will be able to help you decide whether to consolidate multiple liable parties into a single suit.
If you have a personal injury or car accident claim in Louisiana that requires the full focus of a skillful and insistent attorney, or even if you simply want to have your personal injury case reviewed, call us at (504)218-8570 or you can click here to leave us a brief rundown of your case. Jon G. Bethune is an award-winning family law and personal injury attorney with 11+ years in the field. Every case that comes through our office is personally attended to by Jon himself. We are happy to assist the people of New Orleans and all of Louisiana to take the next step towards clarity and fairness in their personal injury claim.