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Should You Take Someone To Court For A Lawsuit?


Should You Take Someone To Court For A Lawsuit?Most of the time when we discuss various aspects of a personal injury or wrongful death lawsuit here, we’re working under the assumption that you’ve already made up your mind. You want to pursue a case in court, and you’re just looking for the right attorney to take on your case, and guide you to a successful resolution.

But what if you’re not there yet? What if you’re still processing what just happened to you, or someone close to you, and you’re just thinking about it? What are the things you should be considering before taking a case to court?

Do You Have A Case?

First and foremost, this should be the question you consider, because if the answer isn’t “yes,” then every subsequent thought and action falls apart. A lawyer who is evaluating your own potential for a personal injury lawsuit is going to be trying to arrive at this answer, and if they feel the answer is “no,” then your endeavor to go to court is likely to end on the spot.

You must have strong grounds for a negligence or wrongful death case. An elderly parent who just happened to go into cardiac arrest at a shopping mall, for example, is not strong grounds for suing that shopping mall for personal injury. Unless, of course, an employee, or some environmental aspect of the building caused the cardiac arrest. The injury or death must be related to the actions of the person or organization. Proximity and occurrence aren’t enough.

What Are You Trying To Achieve?

Are you trying to get the compensation you are owed for what happened, or are you trying to create a retirement fund for yourself and a trust fund for your children and grandchildren? Because if you are getting into a lawsuit motivated by the idea that this will be a court case awarding you tens—or even hundreds—of millions of dollars, that is statistically unlikely. Unless you’ve got an extraordinary situation with gross, even malevolent negligence, you are more likely to recover what you are owed, for treatment and recovery expenses, or what you deserve for the loss of life, rather than an exorbitant settlement.

Do You Have Time?

There is nothing fast about a civil lawsuit. If you are going to pursue this, depending on the communications that occur between you and the other party, the investigations that need to be conducted to gather evidence, the court schedule, and even the complexity of the case, you may not see a resolution for years. Civil lawsuits are capable of rewarding significant sums of money, but if you think this is going to be a “fast buck,” you are mistaken, unless you’re willing to settle out of court.

Always keep in mind that entering into a personal injury or wrongful death lawsuit is not fast, convenient, easy or even guaranteed to succeed. This is why you must give it serious thought, and, when you decide to commit, take the time to make sure that the personal injury lawyer you partner with is the advocate you need during this trying experience.

Stephen M. Fernandez developed a strong belief in justice and fairness in public policy while earning his Political Science degree prior to attending law school. Since joining the Florida Bar Association in 2004, Stephen Fernandez has combined his background in public policy, business administration and civil law to serve as a highly effective trial lawyer fighting for Florida's injured, working hard every day to make sure his clients get what they are owed.

Should You Take Someone To Court For A Lawsuit?

Goldman Babboni Fernandez
Murphy & Walsh




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