Do I Need To Sue?
4 min read
Everyone who has been involved in an accident is faced with the question of whether to sue. However, such a question is well based if you are sure about liability.
If you want to sue, you have to understand your case. That may sound simple. But it may be so.
Some plaintiffs know that where they were not at fault, they can receive as much as possible from the at-fault party, but may not have much understanding of what constitutes a good case outcome. Fortunately, this is the work of lawyers. A lawyer should be the one to advice you on whether you need to sue or not.
After all, what you need is a favorable outcome.
When You Should Sue
May be you have been injured by a dog or just incurred a back injury after a car accident or any other accident. Such incidents require one to get legal help from attorneys in Anchorage, Alaska can There are a few questions to consider:
- Is the case worth a lawsuit? Any worth case is determined properly when you can show the defendant has a duty of care. In any legal matter, deciding whether the defendant may be responsible for your injuries builds down to the question of whether the person was negligent. Meaning, they never acted in reasonable care and this contributed to your accident. What is considered reasonable will depend on the facts of a given case, place and the time of the accident. For your case, you must show some legal elements such as:
- You played your part: You have to show that you did what was required under the circumstance. For instance, if you were in traffic congestion, you may show that you keep a safe distance, but the other driver acted unreasonably.
- There was a breach: You will be suing because the other party failed to meet their obligation. For instance, if you got involved in an accident due to poor road conditions, you need to show that a government agency or any other party failed to repair the road despite knowing about its damage.
- There must be damages: Any accident has to cause you injuries. You don’t go to file a claim without having an economic loss.
For a successful case, damages to be recovered are classified as special or general damages. General damages are not amenable and cannot be mathematically assessed. However, you can get the value for your special damage. Also, the judge may offer punitive damages to punish the defendant for engaging in similar conduct later.
- Can I accept to negotiate? Plaintiffs are quick to file lawsuits even without considering some negotiations. Communicating with the defendant‘s insurance company may be a great way to settle your case peacefully to get the best outcome. In some cases, it is better to try using alternative dispute resolution.
This is a way to settle your claims outside the courtroom. Under this, you can choose to mediate, arbitrate or negotiate to avoid litigations.
- What if my case is best litigated; can I collect a worthy judgment? There is no point in going to court to get a worse case outcome. Let’s take an example of an Uber driver who has no assets. If you get involved in an accident with such a driver, the process may get complicated, especially when the driver has no commercial policy.
The driver’s own car insurance policy may not cover your injuries or property damage. However, you can hire a lawyer to help you get paid under the Uber and Lyft liability insurance. At times, issues may arise on the liability insurance, and if the driver has not assets, it would be an unnecessary legal game as you will not collect even if you win.
The Key Element To Your Case Outcome Will Be Negligence
For your case to be litigated you must establish negligence. Such will involve few principles to be considered as follows:
- You will need to show that you were reasonably careful, but the defendant caused you injuries. For some accidents, the defendant will be liable whether they led to the accident or not. For instance, if a dog bites you, and the owner knew of its dangerous characteristic but never did anything about it, he/she may be held liable.
- Where you also contributed to the accident, you will only get compensated as per your share of fault.
- If you are to litigate, make sure you are well prepared for your case. You should have all the relevant documents related to your accident.
- You will have solved a good portion of your problem when you have the right documents and have the right witnesses.
Application of the basic rules of your case will help you win. However, you can make all the difference by receiving a top-dollar award for your claim by having an experienced lawyer handle your case.
For more information on whether you need to sue for your case, you can speak up with an experienced lawyer conversant with your case circumstances.
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