If negotiations for a settlement have failed, the person that has filed the personal injury claim has the right to pursue a personal injury lawsuit. Still, the same individual needs to give thought to the possible wisdom behind the taking of such an action.
Factors to consider before filing a lawsuit:
• How strong is your case? Do you have a good chance for getting the jury to side with you, and issuing an opinion that would be of benefit to you?
• Would you be content with a compromise settlement? The jury could decide to award you only a percentage of the money that you plan to request.
• Is there a chance that you could collect money, if you win in court? Does the defendant have any assets that you could claim?
• Is there an alternative approach that you might want to pursue? Should you think about taking part in a mediation session?
How negotiations can be used to increase chances for success with a lawsuit?
During the negotiations lower your demand by only a small amount during each exchange of offers. In that way, your negotiated offer should never fall far below your initial demand. If you elect to pursue a lawsuit, the members of the court might learn about the size of your negotiated offer, the one that the other side refused to accept.
Do not hesitate to offer a lower amount, in an effort to reach a compromise. If you should decide to pursue a personal injury lawsuit, you do not have to seek the small amount of money that you suggested as a compromise. At that point, you will have the ability to go after a much larger amount of money. Of course, there is no guarantee that you will win that much money.
You are free to investigate other options during negotiations. Pay attention to any changes in your physical condition, or the condition of anyone that was in the impacted vehicle.
You might want to consult with a lawyer, while you take part in negotiations. During that consultation you might learn about a new angle to your case. Once you have become aware of that new angle, you might be able to form a stronger argument.
Personal Injury Lawyer in Mississauga can also shed light on some of the factors that you must consider, before filing a lawsuit. For instance, what are your chances for receiving any amount of money, assuming that you win the lawsuit?
Would you feel comfortable about using every available legal tactic, in order to obtain the amount of money that you could receive from the sued defendant? Not everyone stands ready to get behind a lawyer that wants to take a defendant’s every penny.
