So you've suffered an injury. Chances are, if you were on someone else's property or someone else was at fault, your friends and family have told you to sue. Should you?
Assessing the Probability of Successful Litigation
It can be difficult to assess who is to blame when an accident occurs. Before you jump into litigation, you need to honestly assess the situation. Just being on someone else's property does not automatically make them liable. Was the incident caused by someone's negligence? Perhaps you slipped on a wet floor. Was the area marked with a caution sign marking the floor as wet? If not, you may have a case. If the answer is yes, they fulfilled their legal obligation in warning of the hazardous condition. Was your injury caused by malfunctioning equipment or noncompliance with a building code? If you are trying to determine fault and liability, here’s a list of duties property owners have to look out for your safety.
These are things for which legal action can be taken. The best way to know for sure whether or not you have a case is to consult with a personal injury attorney. They have the knowledge and experience to be able to tell you whether litigation is possible and estimate what the outcome of the case might be.
They Don't Call Them “Legal Battles” For Nothing
Personal injury litigation is not an easy process. Most people or businesses are not going to willingly accept blame for someone's accident for reasons both monetary and personal. Pride can make someone deny a claim to avoid the guilt and shame of contributing to someone else's pain. Of course, no one wants to pay money to someone for something that isn’t their legal or moral responsibility. What you must remember is that if the other party is truly responsible, you deserve compensation for that. It is important, however, to be absolutely sure that the other party is truly at fault. If not, you could be on the hook not only for your own costs, but for their legal costs as well, not to mention a significant impact on your sense of self-worth.
Do You Believe You Have a Case?
If you truly believe you have a legitimate case for a lawsuit, please consult with an attorney. As tempting as it may be, do not post on social media about the situation or discuss the matter publicly. If for some reason it is determined that the other party was not at fault, you could be charged with slander or libel. If you are absolutely sure your accident was caused by another party, you can rest easy in the knowledge that the legal system will see that you are compensated and that the other party faces the consequences of their negligence, ensuring they will think twice about doing the same thing in the future.
Rachael Murphey is an entrepreneur and blogger on topics of personal success, fashion, business, marketing, personal finance, and health. She graduated from the University of Colorado Boulder with her Associates in English, and from the University of Colorado Denver with her Bachelors in Business Management. She currently lives in Denver with her dog Charlie.
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