Proceeding with a difficult decision: should you sue?
As one might imagine, the decision to proceed with a lawsuit such as a personal injury case is a very difficult one for anyone to make. Even if you were confident that the facts of the case ensured your success, you would still require the services of an experienced attorney to protect both your legal and private interests.
Once you have decided to pursue a case, you will expend considerable time and energy documenting information and presenting it in and out of court. There are few questions you can ask yourself prior to speaking with an attorney to at least get you some idea of how good a case you have, though.
Is your personal injury case “good” and/or “good enough?”
This is a tricky question because chances are, one of the deciding factors prompting you to speak to an attorney in the first place is to help decide the answer to this very question. Even with some understanding of the relevant law(s), it is doubtful you’ll be able to conclusively decide whether your case is a good one. However, this is not to say that you can’t arrive at some educated guess. At the very least, considering the merits of your case with the following questions will help prepare you for your discussion with an attorney. These are examples of good leading questions to ask yourself right from the beginning:
- Did you enter into a written contract with the other person (e.g., an employment contract) and/or target of the legal action (e.g., person, or company)? Do the facts of the case indicate a breach of contract?
- Can you identify relevant statutes and/or laws that were breached?
- How recent were the alleged injuries you or a loved one suffered? Ideally, these injuries should have occurred both recently and in close proximity to the filing of a claim.
- Do you have supporting documentation for the injuries suffered?
In the end, these are matters that must be evaluated with the help of an experienced attorney. Even when you win your case, there is the remaining matter of how and when you will collect. Before you decide to sue, discuss every facet of the case with your lawyer.
Hint: Automobile accidents and slip-and-fall cases are the most common types of lawsuits for personal injuries. One of the more rare types of personal injury cases involves the intentional infliction of emotional distress. See our article on emotional distress cases.
At our law office, our services cover all types of personal injury legal matters. We are dedicated to providing our clients with prompt, professional and friendly service and only take legal action when it is in our client’s best interest. If you have questions about anything discussed in this article, call our law office at (570) 714-HURT to schedule a free consultation.F
With more than 40 years of combined experience, the personal injury attorneys at Fellerman & Ciarimboli strive to provide the best service to clients in Philadelphia, Northeast Pennsylvania, and throughout the Keystone State.