To sue or not to sue? Well, that is certainly an important question after sustaining serious injuries in an accident that was someone else’s fault. When wrongly injured by another party, it is natural to assume you will be fairly compensated for your injuries and subsequent damages. And although most personal injury lawsuits settle before ever reaching trial, this is not always the case. Sometimes, it takes a lawsuit to get the financial justice you deserve. But do you know if you need to sue?

Continue reading to learn how to determine if your personal injury accident is grounds for a lawsuit or if your case is a good candidate for settling out of court.

Accident Lawyer Indianapolis Indiana 317-881-2700

Considerations For Personal Injury Lawsuits

Whether a person, business, manufacturer, insurance company, or even a branch of government, an at-fault party should be held liable for your resulting personal injury damages and losses, including but not limited to lost wages, medical expenses, hospital bills, prolonged rehabilitation, pain, suffering, and more. But before your jump straight into a personal injury lawsuit, there are several considerations that need your attention first. You see, there may be no question that a person who’s been wrongly and negligently injured is a victim but being a victim doesn’t always mean there are valid grounds for a lawsuit, or that a lawsuit would be the best route to take.

Certain dynamics of a case largely determine whether a person can or should sue another for their injuries. For example, the seriousness of an injury must be examined and assessed, the opposing party’s actual level of fault or negligence, and the limits of the at-fault person’s insurance. All these factors and more are considerations that will reveal whether a lawsuit is an advisable action or not.

Can the At-Fault Party Pay?

Aside from all of the relevant factors to consider, one of the most important and deal-breaking is whether or not an at-fault party is capable of providing remuneration. Sometimes, an at-fault party does not have the means to pay for another’s damages because they are not insured; so even if they are sued and lose, a victim might not be able to be awarded any funds if there are none to give in the first place. This is especially true if the at-fault party doesn’t have liability insurance either. This is why every person should purchase uninsured and underinsured insurance coverage to protect themselves and other persons in their vehicle.

In this case, a victim will only waste their own time and money pursuing a lawsuit that can’t render recompense. The same goes for anyone intentionally or maliciously injured. A liability insurance policy will not cover intentional tort or wrongdoings, so if someone wants to recover compensation for an intentional injury, they must pursue it in court; but if the individual does not have the means to even pay for a victim’s damages, a lawsuit will also be unsuccessful in some situations in providing actual recompense.

If you are struggling with the decision to move forward with filing an injury claim for compensation, your best option is to consult with a seasoned personal injury lawyer in Indianapolis for personalized advice regarding your case. They will know if your case is valid, and whether you should pursue legal action against the at-fault party and they can look to determine any and all potential applicable insurance policies.

Are you asking yourself, “Where can I find the best accident lawyers near me?” Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with an experienced personal injury attorney in Indianapolis, Indiana. We do not get paid until we obtain a settlement or verdict for you, which means we strive to recover a settlement or verdict as quickly as possible for our clients, but always with the understanding that the settlement must be the full-and-fair based on all the evidence for the case. We represent injured persons throughout the state of Indiana.

Turning Family Matters into Legal Matters

From swimming pool accidents to fireworks injuries and more, several types of personal injuries can take place at a private residence. And the likelihood of injuries only increases as families grow and get together more often. For this reason, many people have chosen to sue family members in order to cover compensation for medical expenses, hospital bills, lost wages, and more. So if you are in the same predicament, and you are leaning toward filing a claim against a relative, you are not alone. But before you do, it is strongly encouraged to go over the practical and emotional considerations involved in suing family.

Practical Considerations

The first question you want to ask yourself is whether or not you can actually recover anything if you do decide to sue your uncle, sister, cousin, father-in-law, etcetera. You want to think about whether or not they have the financial means for remuneration, including cash, insurance, or liquid assets. If they have very little of these, or none at all, there is little-to-no chance of collecting any money. Under circumstances like these, pursuing a lawsuit would only cause friction within the family. And if they do have some financial means, the second question you need to ask yourself is whether or not they have enough that would make the settlement worth it?

Emotional Considerations

Aside from the practical aspects of suing a relative, there are some important emotional considerations that can influence your decision to move forward with a lawsuit. For instance, if you were to collect compensation from your family member, will there be a consequential domino-affect for the family as a whole? Will their children or other “innocent bystanders” of the family be negatively affected by the lawsuit and eventual settlement? This could not only cause you to have guilt and remorse, it could lead to several uncomfortable and difficult conversations for the entire family, and for many years to come. It could also turn out to be a conflict that changes the dynamic of the family, and never forgotten for the rest of their lives.

The Reality of Injuries

Regardless of practical and emotional issues, sometimes it is necessary to go forward with a personal injury claim, especially when injuries are very serious. For this reason, it is important for family members to understand the realities of injuries, and that a claim for compensation is nothing personal. You can even have a discussion with family to strategize ways to avoid a claim, lawsuit, and legal fees. For example, your relative can pay medical expenses and hospital bills, and everyone can move forward happy and conflict-free. Talk to your personal injury lawyer for professional advice and guidance after being seriously injured in an accident at a family member’s house.

Craven, Hoover, & Blazek P.C.

Tag Archives: suing for personal injury

To Sue or Not to Sue for a Personal Injury?