The decision of whether or not to file a lawsuit in your case or claim in a very important one and should be made with the advice and consent of your attorney. Our lawyers are happy to discuss this crucial aspect of your case and provide you honest advice on this issue. We are glad you have joined us for this installment of our personal injury blog. We hope you find it helpful and that you will join us again. We look forward to hearing from you.
The question on the table for discussion today is: Will I Have To File A Lawsuit For My Personal Injury And Accident Case?
While most cases settle without the filing of a lawsuit and litigation. There are cases when the facts and law require the filing of a complaint to protect your best interest, so the answer to this question rests on the facts, circumstances and law involved. We set a goal of maximum financial recovery and healing for every case. This requires formulating and precisely executing a solid game plan. A crucial part of this game plan is the decision of if and when a lawsuit will be filed. Your case must be evaluated and prepared for a lawsuit, litigation and trial. In short, a lawsuit must be filed if it is going to advance the goals of the case. However, if the goal of maximum recovery and healing can be achieved without filing a lawsuit and litigation, then it is not necessary to file.
In order to achieve the goals of the case, liability, injuries and damages must be demonstrated and proven and defenses overcome, in an effort to add value to the case and maximize recovery, facilitate healing and address unsafe conditions. This holds true in all cases, even if you do not file a lawsuit, litigate or go to court. Most cases settle without the filing of a lawsuit or litigation. Further, many cases that require a lawsuit and litigation settle before trial at a mediation or in some other format.
In order to maximize the recovery, you have to look at the case and be prepared to file a lawsuit and go through the litigation process and trial. This is especially true in the cases where there are very serious injuries and damages, possibly death, and when there is potentially a lot of money at stake. Also, a lawsuit must be filed to preserve your claim in certain categories of cases, such as product liability cases, commercial automobile and truck wreck cases, industrial or workplace accidents, injuries and deaths.
Often, to achieve the goals of a case, a lawsuit is filed immediately especially in the more serious cases that involve catastrophic injury and death to invoke the discovery and subpoena power of the court, get the expert witnesses in place, conduct a thorough investigation and preserve and document evidence and witness testimony. This can be of greater importance in serious catastrophic injury and death where there is potentially a lot of money at stake. The insurance company or defendant is just not going to write you a check out of the goodness of their heart. Again, the liability, injuries and damages have to be demonstrated and proven and any potential defenses have to be cut off in an effort to add value to your case, maximize recovery and facilitate healing.
Thank you for joining us for this installment of our personal injury blog. We hope that you will join us for the next edition as we continue this discussion regarding the important decision of whether or not to file a lawsuit in your case. We also invite you to check out our past editions as well. Additionally, feel free to contact us with your questions and take advantage of our free consultation.
Aaron Gartlan is a graduate of Troy University and the Thomas Goode Jones School of Law who focuses his practice exclusively on representing those injured by the wrongdoing of others. He is member of the National Trial Lawyers Association’s Top 100 Trial Lawyers, Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum. In addition to his legal practice, Aaron teaches Business Law as an adjunct instructor at Troy University’s Sorrell College of Business and serves as a field artillery sergeant in the Alabama National Guard.