3 Things You Should Avoid When Filing A Personal Injury Lawsuit
Personal injury lawsuits are incredibly common. Many people choose to resolve their disputes through the legal system because it is effective and can give you the compensation you desire for your losses. However, many people make mistakes when preparing for their personal injury suit. Here are some things you should avoid so that you can get the best outcome possible.
1. Don't Delay Filing The Suit
What many people don't understand is that there is actually a limitation on how long you can wait before you file the suit. Once the incident happens, you only have short amount of time to take the suit to court. If you wait too long, you will lose that chance, even if the guilty party was obviously negligent and you could have been awarded some damages.
In most cases, you have about 2 years to file the suit, although the number varies from state to state. This doesn't mean that on the 2 year anniversary, you should talk to an attorney. It means that the suit needs to be filed in 2 years, so talk to an attorney early enough so that you can get the suit filed in time.
2. Don't Expect Punitive Damages
If you watch a lot of legal TV shows, you might be tempted to think that all personal injury lawsuits are awarded a lot of money through punitive damages. This is simply not true. In most cases, the only kinds of damages that are awarded are compensatory damages. These are damages that compensate for the individual's pain and suffering and can be proven through documentation, or through professional testimony.
Punitive damages are only awarded in the most rare of cases when the guilty party was grossly reckless, negligent, or meant to harm the individual. These damages are usually set in place to punish the guilty party. Thus, when you file your suit, be realistic about the amount of money you will get from it. Don't assume you will get a ton of money from punitive damages.
3. Don't Expect To Go To Court
When you file the lawsuit, there is a good chance that you will never see a courtroom. The majority of civil cases settle outside of court, and this is for a good reason. It is expensive to go to court, it will take a lot more time, and there is always a chance that you will walk away with nothing. This is why it is better to go into the lawsuit with the expectation that you will settle and compromise on a solution.