After you suffer an injury due to the negligence of another person, you can pursue compensation. But, you must carefully take into account your options. If you want to file a personal injury lawsuit, you must consider some factors first. This includes hiring one of the most respected Orange County personal injury lawyers. The best attorney to work with offers a free consultation during which you can discuss the facts of your injury claim and know what your legal options are when you pursue compensation. The following are the factors your attorney will discuss with you before you file a lawsuit:
Whether or Not You Have a Strong Case
Establishing a valid claim is one thing and winning in court is another. To win your lawsuit, your attorney should convince a judge or jury that you sustained damages because of the liable party’s negligence. Keep in mind that the burden proof in your type of claim falls on you, as the victim. To convince a jury, your attorney must prove that the party who caused your accident had a duty of care to prevent an accident, that they breached this duty and caused an accident. Also, they must prove that such an accident caused your injuries and damages.
Have You Negotiated with the Other Party?
Did you know that not all personal injury claims make it to trials? In fact, a lot of them get settled outside of the courtroom. Although it might be necessary to file a lawsuit sometimes, you can also consider mediation and arbitration as alternative dispute resolutions. But, sometimes, claims get settled before reaching these processes. Your attorney can negotiate directly with the at-fault party’s insurer for you and get maximum compensation. If the insurance provider refuses to settle your claim, your attorney can file a lawsuit on your behalf.
Can You Collect Damages?
Before you decide to file an injury lawsuit, consider if this will allow you to collect damages. Although you may want the at-fault party’s insurance company to pay for your damages, this is only possible if policyholder has enough liability coverage in their policy. If the liable party does not have enough insurance, you can collect from their assets, if they have any, making the lawsuit even more complicated. Thankfully, a lot of insurers will choose to settle an injury claim when victims threaten a lawsuit, particularly when their policyholder is obviously liable for the injuries and damages.