What Risks are Involved with Filing a Lawsuit?
We often write about accidents when other people are at fault, such as car or motorcycle accidents, dog bites, slips and falls, etc. We give you ways to prepare for a lawsuit, including taking photos, documenting injuries, collecting witnesses’ contact information, and more. But another side to this process is helping you to determine whether to file a lawsuit in the first place. In many cases, filing a lawsuit and taking the case to court can lead to higher returns. But this is not always the case, and you should work with your attorney to carefully consider the risks vs. rewards of filing a lawsuit. Here are a few of the risks that we will discuss when making this decision.
You could receive less than initial settlement
If an insurance company has made a settlement offer, they think they know that a court could rule in your favor. In this case, they have an estimate in mind that they think you could be awarded, and they try to offer less than that. This is their way of controlling how much they spend, and how they try to avoid any pain and suffering awards or punitive awards. You could have a solid case and be awarded more than the settlement offer, but you could also be awarded less than the offer. You should seek the expert advice of Lepley, Engelman, Yaw and Wilk, LLC before agreeing to any offered by an insurance company. Lepley, Engelman, Yaw and Wilk, LLC decades of experience fighting insurance companies to ensure that victims receive just and fair compensation. Douglas N. Engelman, Esq. alone has more than 33 years of experience in this field.
You may have to wait longer for the money to arrive
A settlement offer usually comes quickly. The insurance companies want you to accept it and waive your right to sue. This can be an attractive option if you are out of work and medical bills are starting to arrive. The court system can sometimes work slowly, and sometimes the promise of a fast payment can be attractive, but you shouldn’t be sucked in by a lowball offer. You should at a minimum obtain expert advice before settling under such circumstances. Lepley, Engelman, Yaw and Wilk, LLC offers free consultation in personal injuries claims so there is no excuse not to have the matter reviewed before settling with an insurance company out of desperation. Lepley, Engelman, Yaw and Wilk, LLC may also be able to discuss with you alternative financing to get you through to trial and/or a later settlement.
Lawsuits can cause emotional stress
Some people can withstand stress better than others, and even people with strong personalities can feel pressure during the stressful times associated with injuries, medical treatments, loss of work, etc. In some cases, you will be forced to defend yourself, your actions, and your decision to file a lawsuit.
As we mentioned above, there are risks to filing lawsuits, and there are often rewards. As always, the unique facts of your case will help you and your attorney work together to determine whether filing a lawsuit is in your best interest. Contact us today to discuss the facts of your case, along with the risks and rewards of available legal actions.Check out other articles by Lepley, Engelman, Yaw & Wilk