Individuals involved in disputes, whether they’re financial disputes or injuries, frequently rush to “emotional” judgment and make the decision to sue before they have all the facts straight. Here are some things to consider before you sue someone, especially if it involves a personal injury.
What Does It Mean To Sue Someone?
Suing an individual is using a legal process where you file a lawsuit in a court of law against a company, person, or organization that hurt you or treated you unfairly. The hope is for an outcome that includes a monetary benefit to pay medical bills, replace damaged goods, etc.
Consider The Situation – Is It Real Or Perceived?
What really happened? Is it your perception or did someone actually do you harm? If you file a frivolous personal injury claim or have clouded judgement that doesn’t have merit, you might not get anything and will end up wasting time and money. If you decide to make a personal injury claim, you will need to be able to prove that you were injured and that the person you’re suing caused your injuries.
Verify That You Actually Have a Case
While this might seem obvious, for the court to support your position you need to have a legitimate legal claim. For instance, just because you fell in a restaurant or retail store, it doesn’t necessarily mean that you’ll win your “slip and fall” personal injury case. Your claim needs to be proven, in this case proving that the store/restaurant owner didn’t take the proper precautions to ensure your safety.
Before You Can Sue Someone, You’ll Need Evidence
For a lawsuit to achieve the outcome you’re hoping for; you’ll need to have evidence. Examples of evidence include witness statements, photographs, medical bills, accident reports and expert testimony. Without evidence to help support your claim, the jury won’t find in your favor, and the insurance company probably won’t settle with you. When a personal injury case goes to court, the burden is on the plaintiff, the injured individual, to establish the required aspects of the alleged claim. The defendant, the party presumably responsible for the injury, doesn’t have to prove anything.
When Should You Sue Someone?
There isn’t an easy answer as it depends on numerous variables. If someone is seriously injured because of the action, or lack of actions, of a third party, they should sue for compensation. Compensation could include paying for medical bills, compensating for lost earnings and covering the costs of having to be trained in a new line of work. If the injury was caused by professional negligence, sue the responsible party to benefit the plaintiff, as well as prevent others from enduring future injury as a result of the responsible party. This is especially true in medical malpractice cases and on the job injuries.
If you think you should sue someone because you’ve been personally injured and want an expert opinion, contact me today.