My name is Danielle Diaz. One of the things I've learned in life, both inside and outside the courtroom, is that it is important to not see others as your enemy. Even though you may see the prosecutor as your enemy, he or she is just trying to do a job. It may be possible that you can get a prosecutor or the judge to be sympathetic and get him or her on your side. In order to accomplish this, you need to understand the law. I feel that most individuals do not understand the law, which is why I was motivated to create this blog.
In some personal injury cases, filing a lawsuit is the only way to recover any compensation from the guilty party. However, if your case is not strong, there is a possibility that going to court is not the best option for you. Before filing your lawsuit, here is what you need to know.
Why Should You File?
There are several advantages to filing a lawsuit in a personal injury case. For instance, the verdict could result in more compensation than you would have gotten through negotiating with the defendant. In addition to this, depending on the circumstances of your case, you could also receive punitive damages.
Punitive damages are awarded by juries when they feel that the actions of the defendant were particularly reckless. The amount that you would receive is decided by the jury.
Another benefit of filing a lawsuit is that you will have a court order in hand that can be enforced through various methods in case the defendant does not want to pay the amount ordered. For instance, you could ask the court to order wage garnishment if you are unable to collect what you are ordered.
Why Should You Not File?
Although there are advantages to filing, there are some drawbacks. One of the biggest is the possibility that you could lose. If you do, you could lose out on receiving any compensation for your injuries and damages.
Another downside to consider is the fact that filing a lawsuit can take time. How quickly your case moves through the court system depends on several factors including the court's availability and whether or not there are any motions slowing the process. By contrast, you could probably settle your case in a shorter period of time.
Is Filing the Right Move?
Ultimately, the decision of whether or not to file a lawsuit is yours to make. However, you should carefully examine the details of your case to determine if a lawsuit is your best option. When evaluating your case, there are several details to pay close attention. Those factors include:
All of these factors could have an impact on how successful your case is. For instance, if you were partially responsible for the accident, a jury might not agree that the defendant owes you anything for your injuries or damages.
Consult with a personal injury attorney to receive help determining if filing a lawsuit is the right move in your situation.
For a car accident lawyer, contact a law firm such as Klafter & Mason LLC.