Call anytime: 661-414-7100 or text 661-249-9990
Santa Clarita Car Accident Attorneys - Call (661) 414-7100
  • Home
  • About
    • Client Reviews
    • Fees and Policies
  • Cases We Handle
    • Car Accidents
    • Motorcycle Accidents
    • Pedestrian Accidents
    • Bicycle Accidents
    • Brain Injury Cases
    • Wrongful Death
    • Spinal Cord Injuries
    • Estate Planning
  • Resources
    • Videos
    • Blog
    • Library
    • FAQ
  • FREE CASE EVALUATION
  • Contact
    • ZOOM VIDEO
  • Home
  • About
    • Client Reviews
    • Fees and Policies
  • Cases We Handle
    • Car Accidents
    • Motorcycle Accidents
    • Pedestrian Accidents
    • Bicycle Accidents
    • Brain Injury Cases
    • Wrongful Death
    • Spinal Cord Injuries
    • Estate Planning
  • Resources
    • Videos
    • Blog
    • Library
    • FAQ
  • FREE CASE EVALUATION
  • Contact
    • ZOOM VIDEO

Law Office of Robert Mansour

Library Articles

Should I file a lawsuit in my personal injury case or settle?

8/2/2012

 
There are many factors that affect whether or not you should file a lawsuit in your personal injury case. Generally, I don't like to file a lawsuit unless other diplomatic efforts fail. However, just because diplomacy fails doesn't automatically mean you should file a lawsuit. Here are some factors an experienced personal injury lawyer will weigh when recommending whether or not filing a lawsuit would be prudent:

1) The age of the plaintiff and the age of the defendent. Jurors are generally biased against young people and older people. I'm not saying it's right, but it is a reality.

2) The "likability" factor of all parties. Look, to some extent this is like high school all over again - people vote for people they like and against people they dislike.

3) The persuasive ability of the other party's lawyer. Let's face it, if you are going up against a very good lawyer, you have to take that into consideration - no matter how good the facts are for your side of the case.

4) The willingness of all the parties to go to trial. Trials can take a financial and emotional toll on everyone.

5) Anticipated costs of going to trial. Sometimes you are better off accepting the offer on the table. In some cases, you might end up with less even if you recover more from a jury...simply because you are incurring some pretty steep costs.

6) The speed with which you will actually get a trial date. When this posting was made, California courts were closing courtrooms and laying off personnel. Trial dates are being assigned about a year from now.

7) The trial judge. In some cases, the judge may demonstrate a bias against you or your lawyer. Some plainly favor the other party. It's important to know how the judge may act since the judge will likely rule on many issues during the trial. You might have a great case, but if the judge is going to give your lawyer a hard time, you need to be aware of that issue.

8) You need to know what the available insurance limits are. What good is a judgment in excess of the policy limits if your chances of recovering the excess are very low?

9) Are the injuries severe? Juries don't award much unless there is a serious injury. Bad whiplash usually doesn't impress them.

10) Is the medical documentation strong and are the doctors willing to testify? Sometimes, simply getting doctors to agree to testify is nothing short of a miracle. It gets especially difficult if the doctors are affiliated with a larger outfit like Kaiser or Facey.

11) The likelihood you will persuade a jury you will need future care.

12) Is there residual injury or scarring?

13) How many liens are there on the case and how much are they?

14) Do you have the stomach for litigation? In my many years as a lawyer, I can't ever recall a client (plaintiff or defense) who enjoyed the lawsuit process.

These are just some of the considerations you should weigh when deciding whether or not to file a lawsuit in a case.

Comments are closed.

    Categories

    All
    Alternative Dispute Resolution
    Attorneys
    Automobile Insurance
    Basic Speed Law
    California Vehicle Code
    Car Insurance
    Car Rental
    Consultation
    Damages
    Eye Injury
    Fractures
    Health Insurance
    Injuries
    Insurance Adjusters
    Insurance Companies
    Insurance Company
    Insurance Coverage
    Lawsuits
    Lawyers
    Liability
    Lost Earnings
    Medical Care
    Medical Expenses
    Medical Payments Coverage
    Non-economic Damages
    Pedestrian Cases
    Personal Injury
    Police Reports
    Property Damage
    Settlement
    Statute Of Limitations
    Surgery
    Underinsured Motorist
    Uninsured Motorist

    Archives

    October 2022
    December 2021
    May 2020
    November 2019
    October 2019
    June 2019
    November 2018
    July 2018
    February 2018
    January 2018
    September 2017
    May 2017
    April 2017
    February 2017
    December 2016
    November 2016
    August 2016
    June 2016
    February 2016
    January 2016
    December 2015
    October 2015
    September 2015
    August 2015
    July 2015
    May 2015
    April 2015
    March 2015
    February 2015
    January 2015
    October 2014
    September 2014
    August 2014
    July 2014
    June 2014
    May 2014
    April 2014
    February 2014
    January 2014
    December 2013
    November 2013
    October 2013
    September 2013
    August 2013
    May 2013
    March 2013
    February 2013
    January 2013
    November 2012
    October 2012
    September 2012
    August 2012
    July 2012
    May 2012
    January 2012
    December 2011
    November 2011
    October 2011
    September 2011
    August 2011

    by Robert Mansour

    Robert Mansour is a personal injury lawyer serving Santa Clarita, Valencia,
    Saugus, Canyon Country, Newhall, Stevenson Ranch, Castaic and surrounding
    communities.

 Home | Attorney Profile | Practice Areas | Client Reviews | Personal Injury Blog | Personal Injury Library | FAQ 
 Videos | Directions | Google Maps | Disclaimer | Contact Us

Visit our Google Business Page | Like Us on Facebook | Our Yahoo! Business Listing | Follow Us on Twitter  
Linked In Profile | Please give us a great review on Yelp | Our YouTube Channel | BrandYourself Profile
FAQ RSS Feed |  Blog RSS Feed | Library RSS Feed | Our Bing Local Business Listing | Cornell University Listing

Office hours are Monday through Friday, 9 am to 5 pm.  By appointment.  If you are trying to reach us after hours or on the weekends, the best way is to use the form on the "Contact" page or simply send an email to info@valencialawyer.com

* The information on this website does not create an attorney/client relationship.  It is not legal advice and is presented for general informational purposes only.  Always consult with a professional when handling legal matters as the law is constantly changing.

Law Office of Robert M. Mansour, 28212 Kelly Johnson Pkwy #110, Santa Clarita, CA 91355 (661) 414-7100
Picture