Should I sue the store where I was injured?

Personal Injury Attorney Longwood, FL

If you were injured while visiting a retail establishment, you may be wondering if you should hire a personal injury lawyer to represent you in a lawsuit against the store’s owner. In determining whether or not to take legal action, a number of variables should be considered. Evaluating a case to answer this question is something our personal injury lawyer can do for you at no charge if you request a consultation. Knowing ahead of time whether or not your claim is worth the time, cost, and energy to pursue can save you in the short and long run.

Some of the criteria that you may wish to consider prior to filing a lawsuit include the following:

How serious is your injury?

In order to justify the cost of hiring a personal injury lawyer to represent you in a claim or lawsuit, the damages you suffered must be of certain dollar amount. Any damage total that is less than thousands of dollars will not attract the interest of most personal injury lawyers because it will not cover their fees. This does not mean you cannot represent yourself, however, particularly in filing an injury claim instead of a lawsuit.

Is it clear who was responsible for causing the accident?

If you were injured in an accident, regardless of where it occurred, determining liability is essential for establishing who should be held responsible for your damages. Sometimes an accident is simply an accident and there is no blame to place on anyone; in this scenario you will probably be responsible for covering your own damages. For an injury claim or a lawsuit to be successful, you and your personal injury lawyer must have incontrovertible evidence that the store owner was negligent or careless in their retail operations. Further, you must prove that their behavior was directly responsible for your injury.

Do you have a pre-existing injury that was worsened by the accident?

Very often, when a victim sustains an injury that is very similar to a pre-existing injury, or during the accident their older injury was worsened, the store owner’s insurance carrier may contend that you did not sustain a new injury. In this way, they will make every effort to avoid paying you compensation for your injury accident. With the help of a personal injury lawyer and an independent medical professional, it may be possible to show that the injury you’re suffering is a direct result of the accident.

Have you filed an injury claim?

In many instances, a personal injury lawyer will recommend pursuing a claim before filing a lawsuit. This is because a lawsuit will take more time and will cost more due to court and attorney fees. Also, a lawsuit does not guarantee a positive outcome. If you should lose, you may have to pay your own as well as the other side’s attorney fees. If you have not yet filed a claim, a personal injury attorney in Longwood, FL from David & Philpot, P.L. can assist you in preparing and submitting the claim to the store’s insurance carrier.