Understanding Litigation Risks and Challenges
Personal injury lawsuits come with inherent risks. They typically involve a lot of time and money, and sometimes you don’t get the result that you want. An experienced personal injury attorney will take the time to understand the complexities of your case and develop the most cost-effective, time-efficient strategy to help you recover the compensation that you deserve.
Going to court isn’t always your best option. Reaching a settlement agreement often takes less time and money and gets you more compensation than you would in court. Here are five things to keep in mind about going to court:
- Trials take time. The discovery process (collecting evidence, talking to witnesses, etc.) can be long and drawn-out. Discovery and the litigation itself can also be delayed if either side files a motion to compel disclosure of certain evidence. Whenever a motion is filed each side has the opportunity to write briefs and then the judge will hold a hearing to decide the issue.
- Trials cost money. Expert witnesses are often needed in personal injury lawsuits to prove that the plaintiff’s injuries are legitimate and that the defendant’s actions caused them. Unfortunately, experts don’t come cheap. Expert fees and other expenses (like court filing fees) quickly add up and can prove unwieldy without a legal victory and a satisfactory damages award.
- Not every court has the legal authority to hear your claim. It is extremely important that you file your lawsuit in the proper court. If the court doesn’t have jurisdiction over your claims (either the subject matter or the people), then the person you are trying to sue can easily have your case dismissed. Lawsuits can also be dismissed if not filed in the proper venue. For example, if you are injured in Orlando then your lawsuit should be filed in Orange County.
- Did you sue the proper party? Sometimes this is a straightforward question. You were involved in a car accident, so you sue the other driver for your injuries. But is it actually that cut and dry? Maybe the other driver’s accident was caused because of a faulty automobile part. In that case you might also want to sue the car’s manufacturer or the manufacturer of that particular part. You might not know the proper party to sue without collecting evidence, which an experienced attorney can help you do.
While trials can be risky, sometimes that is your best option. But you won’t know if it’s your best option unless you contact an experienced personal injury attorney who understands your case and the legal challenges involved in recouping your damages.
Contact Us Today
Contact a West Palm Beach personal injury attorney at The Pendas Law Firm today for a free consultation if you have been injured because of someone else’s negligence. We can help ensure that you receive the compensation you deserve in the most cost-effective, time-efficient manner possible.
The Pendas Law Firm also represents clients in the Miami, Tampa, Jacksonville, Fort Lauderdale, Fort Myers, Orlando, Daytona and Bradenton areas.
Resources:
phonl.com/fl_law/rules/frcp/frcp1280.htm
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0048/Sections/0048.193.html
