FAQs

Your Personal Injury Lawsuit ... Is It Worth Pursuing?

By Garrick R. Slavick, Esq.

We’ve all seen commercials suggesting you hire a specific law firm to sue for injuries you may have suffered. Promises are made such as “We don’t get paid unless you get paid.” The impression given is “what do I have to lose … I’ll roll the dice”. The fact is that you may have something to lose depending on your circumstances. Lawsuits take time and effort on the part of the injured party. As the injured party you may be called upon to respond to written inquiries. You may also be asked to attend an examination with a doctor chosen by the defendant. You may have to attend a deposition where the defendants’ attorney will have the opportunity to question you. All of these things take time and effort.

For all of these reasons, it is important to determine if your potential lawsuit is worth pursuing. The answer to that question may be different for each individual. Lawsuits can be very rewarding and may be your only recourse to right a wrong. However, it is imperative that you know what you are getting into and make your decision after consulting with an attorney who should advise you about the positives as well as the perils of pursuing litigation.

So how do you determine if your case is worth pursuing? First, you must be able to establish liability (i.e. you must be able to identify someone other than yourself that is responsible for causing your injury). Sometimes there may be more than one party responsible for your injury(ies). The important thing here is that at least one other person is responsible for causing your injury.

Next, you must have what is termed “compensable damage(s)”. You must be able to show some type of negative impact upon your life. This can be by way of medical bills incurred, lost wages, lost/damaged property, and/or pain and suffering. “Damages” is where your analysis may get tricky and where different individuals may differ in their opinions. This is because simply having damages does not necessarily make your injury worth pursuing. If you only have nominal economic damages and rather insignificant pain and suffering from your injuries then the matter probably would not be worth the time and effort. On the other hand if you have significant economic loss and severe pain and suffering then the matter would almost without a doubt be worth pursuing. Unfortunately, there is a vast gray area between those two scenarios making for much more difficult decisions. This is why you should have an open and honest discussion with an attorney before deciding to file suit.

You should never feel uncomfortable discussing any of these matters with your attorney. Remember this is your accident and your injury. The best and most effective way to achieve a positive result in litigation is for you and your attorney to be on the same page. This can only be achieved through open and honest communication. Before you commit to litigation be sure you have asked your attorney for his expert analysis of “liability” in your case. Make sure you compare your thoughts and analysis regarding “damages” and get his opinion on what those “damages” might be worth (bearing in mind that in the early stages it may be difficult to give a precise estimate). Don’t be afraid to take some time to digest the information and carefully decide if litigation is right for you. Finally, don’t be afraid to consult with more than one attorney. It is imperative that you find an attorney that is a good fit for you and your needs.

Here at Berry, Sahradnik, Kotzas and Benson, we work hard, not just to represent the injured clients that we do take on, but to honestly advise each and every person that walks through our doors as to whether they can reasonably expect to see a positive outcome.

Garrick Slavick counsels clients who have suffered injury from an auto accident or as a result of negligence. He can be reached at the offices of Berry, Sahradnik, Kotzas & Benson by calling (732) 349-4800 or by e-mailing gslavick@bskb-law.com.