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What Constitutes a Personal Injury Case? When and When Not to File a Lawsuit

A personal injury case is usually divided into two elements. The first is that a measurable (usually in monetary terms) harm for which compensation can be made occurred, and the second is that the harm was caused by the action or inaction of another party. While many types of harm qualify as these types of injury, not all of them should lead to lawsuits. Below a few examples of when you should – or should not – bring a lawsuit.

Do File if You Need Help

Perhaps the most common reason why people file personal injury lawsuits is that they cannot handle the cost of recovery on their own. Whether it’s dealing with hospital bills or rehabilitation costs, being injured can be pricey. As such, it’s usually a good idea to move forward with a personal injury suit if getting compensation will help you along your road to recovery.

Don’t File if the Facts are Unclear

When you first talk to your personal injury attorney, you’ll likely have a conversation about the facts that led up to your accident. If things are unclear, you may not want to move forward. Unclear facts on what caused the accident, whether your injury was related to the accident, and whether your injury could have been the fault of the other party make it far less likely that you’ll collect any kind of compensation.

Do File if You Want to Stop Negligent Companies

If you have the money and the time, it may be worthwhile to file simply to help the public. Some types of personal injuries are caused by companies or individuals choosing to cut corners or take reckless actions, and lawsuits are a powerful tool for holding them accountable. While the ultimate goal of the law is still helping the injured, helping to reinforce proper standards is still quite important.

Don’t File if Settling is Reasonable

Finally, make sure that you don’t file a suit if you can settle the matter reasonably out of court. If you know that you’re not servicing a public interest by pursuing a case and that settling can help you to move on with your life in a manner that makes financial sense for you, you don’t need to pursue a suit. Working collaboratively really does work best for some people.

It’s always a good idea to talk to an attorney before you file a suit. Get his or her opinion on your case and figure out if bringing a suit would help you in the long run. While it’s not always worth the fight, there really are times when bringing a personal injury suit is the best thing that you could do.

Author information: Meghan Belnap is a freelance writer who enjoys spending time with her family. She loves being in the outdoors and exploring new opportunities whenever they arise. Meghan finds happiness in researching new topics that help to expand her horizons. You can often find her buried in a good book or out looking for an adventure. You can connect with her on Facebook right here and Twitter right here.

Bob Kraft

I am a Dallas, Texas lawyer who has had the privilege of helping thousands of clients since 1971 in the areas of Personal Injury law and Social Security Disability.

About This Blog

The title of this blog reflects my attitude toward those government agencies and insurance companies that routinely mistreat injured or disabled people. As a Dallas, Texas lawyer, I've spent more than 45 years trying to help those poor folk, and I have been frustrated daily by the actions of the people on the other side of their claims. (Sorry if I offended you...)

If you find this type of information interesting or helpful, please visit my law firm's main website at You will find many more articles and links. Thank you for your time.

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