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Should You Sue Over a Drunk Driving Wreck?

By Brian Chase on May 3, 2012 - No comments

Only an attorney can tell you whether or not a lawsuit you’re planning on pursuing is likely to win. If it’s not, they probably won’t want to represent you. A car accident lawyer Dallas residents use for any other type of vehicle-related lawsuit can certainly be relied upon to pursue these cases, however. Reading car accident articles may also provide you with some insight into your best options.

To Sue or Not to Sue?

Before you answer this question, consider what the entire point of filing a lawsuit is. The idea is that you can get compensation for the damage and pain and suffering that someone caused you. People, in fact, sue specifically for pain and suffering, as well as for other reasons, which include:

  • Lost wages
  • Property damage
  • Medical expenses
  • Wrongful death
  • Mental anguish

Your attorney will help you put together a case that has a chance of winning in court. They’ll need to review your case first, however, to make sure that it does have a chance of winning, which is not a given. A good attorney will not charge you for a case that they know is going to lose. They’ll simply turn down your case and let you know that they don’t believe that filing it would be fruitful for you.

If your case is particularly good, the defendant may want to settle with you out of court. This is where the defendant offers a payment that’s given to you in lieu of the jury award that they believe you have a good chance of winning. The settlement amount is less than the jury award you’re seeking for two reasons, among others:

  • You pay no court fees
  • You still could lose if you went to court, theoretically

If you’re offered a settlement, however, the other party is sure that you’re going to win or, at least, they’re sure enough that they don’t want to risk having to pay you a huge jury award and would rather just pay you an amount that they can handle. This is sometimes the best option, but let your attorney guide you in this matter.

Talk to an attorney. A good auto wreck attorney will sit down with you—usually for free—and let you tell them what happened. If they think that filing a lawsuit is in your interests, they may want to represent you and may do so on contingency.

Posted in: Car Accidents

About the Author: Brian Chase

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