Filing a lawsuit is not itself a very difficult process. However, there are many questions that must be answered before filing a lawsuit. One of the first questions is whether or not it is necessary under the specific circumstances of your case? For instance, in many personal injury cases, the parties are very cooperative and the the insurer will pay the amount owed. However, when negotiating with an insurance company, they always keeping their best interests at hand. Which, in many cases, means filing a lawsuit will be necessary in order to obtain a fair result.
In most personal injury cases, (i.e. car, motorcycle, and boating accidents) the negligence standard applies. Before filing a lawsuit, lawyers must be careful to analyze whether or not they have a meritorious cause of action. In most personal injury claims, this means that the attorney must believe it it likely they will be able to put on evidence to prove each individual element of a negligence claim beyond a “roughly 50%” standard. Then, if all attempt at negotiation and good faith efforts to resolve a dispute have been made, it is probable time to begin filing a lawsuit.
Filing a lawsuit is often necessary to preserve a statute of limitations. When this happens, lawyers will weigh the concerns of negotiating against the huge need to retain the ability to file a lawsuit at all. In most any tort action, a statute of limitations will affect the filing of a type of claim. If you have been injured, please contact us today at (850) 243-2222.
