Should You File a Lawsuit?

Posted On September 30, 2019 Arizona Laws,COVID-19 Resources by John Allen Phebus

Filing a lawsuit is something the average person may not think about…until someone infringes on that person’s rights, resulting in serious harm. If someone else causes you or a loved one a significant personal injury or expensive property damage, a civil lawsuit in Arizona could be the solution to obtaining justice and financial recompense. A lawsuit with help from an attorney could be a simple and efficient process that gets the results you need to move forward. Knowing when a lawsuit may be necessary takes an assessment of the circumstances.

Is Someone Else At Fault?

Some accidents and injuries happen through acts of God, not another person’s negligence. In other cases, someone may have contributed to the accident, but not through an act of negligence, reckless or intentional acts. Sometimes accidents happen even when everyone involved fulfilled their duties of care and tried their best to prevent harm. In these situations, victims may not have grounds to file lawsuits.

The basis of most civil claims is negligence, or the failure to fulfill a duty of care. You should only file a lawsuit if you or your lawyer can obtain proof that someone else negligently or wantonly caused your damages. If the defendant did not breach a duty owed to you, you may not be able to bring a lawsuit. A lawyer can help you identify a defendant and gather any available proof of negligence or causation to serve as the foundation for a lawsuit.

Did You Suffer Damages?

One of the main elements necessary for a lawsuit is damage. You, the plaintiff in the lawsuit, must have a reason to file the claim. It is not enough to have proof that someone else did something wrong or even caused an accident. The at-fault party’s actions must have resulted in damages to you, such as personal injuries, emotional distress, property destruction, lost wages, medical bills, harm to your reputation, other expenses or the death of a loved one. If the defendant’s actions did not cause you any damages, you will not have grounds to file a claim.

Are Your Losses Worth a Lawsuit?

Just because you have grounds to file a lawsuit may not mean it is the best legal option for you. Most personal injury lawsuits settle without ever seeing the inside of a courtroom. Your lawyer may be able to help you obtain fair recovery without going to trial. Hiring a Glendale personal injury lawyer to represent you during insurance claim negotiations could be enough to obtain the financial compensation you need without having to file a lawsuit.

An insurance settlement is private, without involving the public courts. This could make it a better option if you do not want the publicity of a personal injury trial. It is also faster and cheaper than most full-blown lawsuits. A lawyer can reach a satisfactory settlement in about three months, on average, while a lawsuit can take a year or longer to resolve.

If, however, you have a catastrophic injury or wrongful death case, an insurance settlement may not offer enough to make up for your serious losses. In these situations, an insurance company may refuse to offer enough compensation during negotiations – forcing your lawyer to take it to the next step. Your lawyer may need to file a lawsuit to fight for fair recovery for your life-changing losses. A lawsuit could result in greater compensation, including awards for physical pain, emotional suffering and punitive damages. A lawyer can help you assess whether your losses are worth a lawsuit in Arizona.