It’s not always clear if someone should file a personal injury lawsuit. There are a number of factors to consider. Certain factors, such as negligence, must be proven in order to prevail.
Damages
It may sound crass, but if the defendant could not possibly pay court-ordered damages and there is no one else involved who has “deep pockets,” there is little point in going through the stress. For some people, a victory with no recovery will be enough, but most people would be unwilling to undergo the stress and expense.
Another point to consider is that there must be actual damages resulting from someone’s negligence. The lawsuit is not intended to be a punishment, but is a way to compensate an injured person for damages, such as medical bills, rehabilitation costs and pain and suffering. If your neighbour has a hazard on his property that has not been repaired but is a potential danger, you could not normally win a personal injury lawsuit for an injury that could happen, but has not. There could possibly be extenuating circumstances that would allow compensation for something else.
Most cases are settled with an insurance company. Those negotiations can be protracted and complicated. Since the insurance agent’s negotiator will be very experienced and is motivated to settle for as little as possible, your negotiator should be equally experienced and tough.
Negligence
Proving negligence is critical in a personal injury lawsuit. Someone must be found to be legally responsible for the injury. The injury must have been directly caused by someone else (a drunk driver, for example), or have happened because someone created the events that caused the accident (the amusement park owner did not repair a ride that was known to be defective and caused injuries).
Many cases are not black and white, it can be difficult to identify who was to blame, or several parties may share responsibility. If a truck’s brakes fail and it hits a car, injuring the occupants, the brake failure may be the fault of several parties, such as the manufacturer, the trucking company and the driver.
If someone has been injured and believes that they have a case under Virginia injury law, they should speak to an experienced injury attorney as soon as possible. Evidence gets lost and witnesses disappear. The law firm of Dulaney Lauer & Thomas LLP has only one focus, Virginia injury law.
