Many people have the misconception that if you’ve been in an accident, you need to file a lawsuit right away. However, this “rush to the courthouse” should be discouraged, and is sometimes detrimental to your recovery.
The decision as to whether or not to file a lawsuit is actually quite complicated, and involves weighing a number of factors and the consideration of many relevant issues.
Considering a Lawsuit? Here Are Some Important Things to Do and Consider.
1. Consult With an Experienced Personal Injury Attorney
We do recommend that you consult with an attorney right away, as that attorney can help evaluate your claim, direct an early investigation, and ensure that relevant evidence is immediately preserved. That information will help you and your attorney decide whether you have a strong case of liability, and can effectively demonstrate the defendant’s negligence.
2. Evaluate The Severity of Your Injury
Perhaps the most important issue is to evaluate the significance of your injuries. Many times, your injuries may not be serious enough to warrant commencement of a lawsuit.
As noted in prior blog posts, New York has statutory limitations on what types of injuries are compensable in motor vehicle accidents. If your injuries do not meet these limitations, you may not be eligible to pursue compensation.
A seasoned attorney can assess the severity of your injuries and the impact upon your life, and assess the value of the claim and the likelihood that the defendant’s insurer would be willing to negotiate the claim. Keep in mind that to do so, it will likely be necessary to obtain a complete set of your medical records.
3. Monitor Your Condition Over Time
It is often worthwhile to monitor your medical treatment and the state of your injuries for some time, to determine if your complaints linger or improve.
The full extent and impact of one’s injuries don’t always manifest right away, so it is often in your best interest to delay litigation, rather than settling early, for much less than the value of your true injuries. This is another reason why you may not want to rush to pursue a lawsuit immediately after you’ve been injured.
4. Consider How a Lawsuit Might Impact You
Finally, you will need to evaluate the impact litigation will have upon you. A lawsuit can be stressful, time-consuming, and can sometimes involve personal expense. Your attorney can help you assess whether litigation is worthwhile, or whether the effort would exceed the recovery.
Let Us Help You Find The Right Time To Bring a Lawsuit
Our award winning personal injury attorneys have handled hundreds of personal injury cases in Albany, Saugerties, Johnstown and throughout the surrounding communities. We can help you find the best time to bring a lawsuit so you can obtain the compensation you are entitled to.
Need help evaluating your claim and deciding when to move forward? Call Maynard, O’Connor, Smith & Catalinotto today at (800) 721-3553 or fill out our online form to schedule a free consultation to discuss your case. We’d be happy to assist you.
