Get Ahead in Your Personal Injury Case

How To Know Your Personal Injury Lawsuit Has Merit

10 April 2015 by Kenneth Pierce

If you have ever been in an auto accident, you are probably wondering if filing a lawsuit is the right choice for you. There are many lawsuits filed everyday; some have merit and others do not. It is important that if you chose to file a lawsuit that you do so only if you have a good chance to win. Otherwise you are wasting your time and money, as well as your attorney's and the court's time. Here are some things that you should look for to decide if you have a good case.

Negligence

In order to file a lawsuit for a car accident there has to have been some negligence, or recklessness. For example, if you were in a car accident that was just a complete and total accident, you may not have a case. If both parties in each car were driving responsibly and then something unpredictable happened, like a dog running in the road, slipping on ice, and so forth, you might not have a good case. In this case, it was no one's fault; instead it was just an unfortunate event.

Conversely, if someone was being reckless and negligent you might have a case. For example, if the other driver was on their cell phone or texting, you have a good case. If they were driving under the influence you have a good case. These are all things that could have been prevented, so you could actually blame them for the accident.

Malfunction Of The Car

Sometimes you don't have to sue the other person in the accident. If there was a preventable malfunction of the car then you could perhaps try suing the car company, your mechanic or whoever caused the malfunction to pay for the accident.

In order to prove that there was a malfunction of the car, you will need documentation that there was a problem with the car and that it was preventable.

Lack Of Cooperation From Insurance

Believe it or not, many people sue an insurance company after an accident. This is because there are some cases where the insurance company refuses to pay for the costs of the accidents.

In most cases the plaintiff doesn't care where the money comes from, just as long as they get help to pay for the damages from the accident. If your insurance company is not paying, you might file a suit or a complaint against them.

By understanding these situations you can know if filing a lawsuit is the right choice for you. For more information, contact a business such as Gibbs and Parnell.

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