Factors Influencing the Decision to File a Personal Injury Claim or Lawsuit

After an accident, emotions run high, and choices may be confusing. Some people rush into legal action, while others hesitate. Timing, cost, and confidence all play a role.

“California law entitles injured parties to the right of recovery. However, exercising that right is contingent upon various practical and personal circumstances. From recovery for medical expenses to negotiating with the insurance company, the way ahead is never straightforward,” explains Harry Nalbandyan, an attorney at LNN.

To help you determine whether a personal injury claim makes sense, this article examines factors that influence the decision to take legal action after an injury.

Severity of Physical Injuries

The severity of an injury will set the tone for all decisions that follow. Slight sprains or minor aching might not be worth the hassle of a lawsuit, but serious harm, such as fractures or head trauma, changes everything.

Prolonged recovery periods equate to doctor’s bills, lost income, and stress, all of which influence your choice to pursue a personal injury claim. Insurance will perhaps be insufficient to meet actual needs, and therefore, you have to consider legal action.

You can prove long-term damage through medical documentation and expert evaluations. Evidence like diagnostic scans and treatment records helps establish how deeply the injury affects daily life.

Clearness of Fault or Liability

Outside of the severity of injury, liability will largely determine whether the case moves forward. Fault can be apportioned in California under the state’s comparative negligence rule, so you could still recover compensation even if you are partially at fault.

Solid cases are based on solid evidence. Police reports, security footage, and witness statements pin down who was responsible for the accident. Without solid evidence, insurance companies fight or delay settlements.

When fault is certain, as in the case of drunk driving or rear-end collisions, payment is easier to obtain. Dubious cases call for legal acumen and more probing investigation.

The Potential for Monetary Compensation

The value of a personal injury case relies on a mix of medical costs, lost wages, property damage, and future care needs. In California, non-economic damages like pain and emotional distress are also involved, especially in severe injury claims.

Courts and insurance adjusters scrutinize documents thoroughly, including medical charges, work histories, and expert assessments, all of which are utilized to arrive at what constitutes a fair amount. Even out-of-pocket expenses like mobility equipment or physical therapy enter the total.

You can expect the process to be one of negotiation. Some claims get settled quickly, but others require litigation to arrive at a fair amount.

Insurance Company Response

How an insurance company responds after an accident usually decides whether a claim becomes a lawsuit. Some adjusters act fast to settle, while others dispute liability or low-ball damages.

Delays, low settlement demands, or outright denial may frustrate claimants. Insurance companies are business enterprises and have profit as their goal, so they try to limit their pay-outs in every way possible. A properly documented claim supported by professional estimates and persistent communication enhances your leverage.

Policy limits are also applicable. If the fault party has low coverage, the settlement can’t reasonably reflect the cost of recovery. When that happens, going to court becomes the reasonable option.

Legal Time Limits

The legal timeline governs all personal injury matters in California. The Statute of Limitations gives two years from the time of injury to file a lawsuit, but certain situations shorten that time period. Actions against a government agency, for instance, must be brought within six months.

Time pressure bears on the decision-making process. Evidence expires, witnesses disappear, and records are sometimes more difficult to obtain as time goes by. Acting quickly saves your right to seek recovery.

Extension requests are rarely granted by courts without cause. Getting an attorney onboard early in the case assists in determining specific deadlines and helps your case remain viable for appeal.

Final Word

Every choice after an accident matters, so seek adequate information before you take any action. The option to pursue a claim does not just affect financial recovery but also personal resolution.

If you feel uncertain about your case, it helps to seek legal guidance. An experienced attorney can evaluate your situation, gather evidence, and help you determine if your claim is worth pursuing.