You Need to File a Lawsuit When….
There are times when you have no choice but to file a lawsuit for injuries suffered in a personal injury accident. The main reason being when the police report (if there was one filed) does not contain the auto (or other) insurance information of the party who caused the accident and the defendant refuses to reveal what insurance he or she has. Feel free contact a Morton Grove personal injury lawyer to determine whether you should file suit. But frequently there are situations when people choose not to file suit
When Personal Injury Victims Do NOT File Suit
There are situations when filing a lawsuit does not make sense. The main reason is when the person who caused the accident has no insurance or has the minimum insurance limits – $25,000.00 in Illinois.
As I’ve mentioned many times on this site, if there are no insurance proceeds to go after the likelihood of recovering against the defendant personally is small. I had a call this week with the victim of an accident and had to tell him we couldn’t help him because there likely were no insurance proceeds to go after. I hate those calls. The only way to protect yourself is to have adequate uninsured/underinsured motorist protection.
Another reason people don’t file suit is when the numbers do not “make sense”. What does this mean? As a Morton Grove personal injury lawyer, we are experienced in crunching the numbers to determine the potential difference in recovery by an accident victim who accepts an insurance company’s offer or who files a lawsuit.
For example, we have an auto accident case we recently worked on. The insurance company offered approximately $50,000.00 to settle the case. We estimated that at trial the case could be worth up to $70,000.00 – though a jury could always award more or less. If we went to trial, our client’s attorneys’ fees would increase from 33.3% to 40.0% and costs would increase from approximately $250.00 to approximately $10,000.00. To understand how much money more our client would have recovered in litigation, check out the numbers below.
$16,333.33 attorneys’ fees (33.3%)
$ 250.00 costs
$33,083.33 Total recovery
Jury Verdict of $70,000.00:
$28,000.00 attorneys’ fees (40.0%)
$38,000.00 Total recovery
As you can see, assuming we won a $70,000.00 jury verdict, our client would have recovered less than $5,000.00 more by going to trial (not taking into account paying back medical bills and liens). And, she would have had to wait approximately 18 to 24 months to have the jury trial in the first place. Most people do not want to wait 18 months to get another $5,000.00.
This is not accurate in all situations. There are many times when insurance companies low ball accident victims. As such, a trial is the only way to get a fair and just recovery. The example above is to point out those situations when filing suit would not make sense.
Other Reasons People Do Not File Suit
Time, Aggravation, Money
We have handled a couple of cases in the past six months where our clients, one a female bicyclist and an another a female auto driver, were affluent and suffered moderate injuries. For these two ladies, the issue wasn’t so much the amount of the compensation but to see justice done. Neither party wanted to file a lawsuit and get involved in litigation that would have required them to undergo a deposition, respond to discovery and possibly spend time in a courtroom. So, we settled both cases on their behalf for a little less than they might have been worth at trial. In addition to the case not being about money, neither of our clients wanted to spend the time required in litigation and/or to deal with the aggravation of litigation.
Fear of the System
Some people don’t file lawsuits because of fear of the system. I’ve heard this from some people recently who might not have the residency status that many of us enjoy. Not making a value judgment here, just pointing out that some people are scared to go to court because they fear being deported.
Others are just afraid of the legal system in general regardless of their citizenship status. They don’t know the system works, they are distrustful of attorneys (sometimes for good reason) and they don’t want to get caught in something they know nothing about. And these people often think they will owe their personal injury attorney money that they cannot afford or that it will cost them money (they aren’t aware that p.i. attorneys work on a contingency fee basis – no recovery, no fee).
Severity of Injury
Finally, as a Morton Grove personal injury lawyer, it’s our duty to advise people when it is and when it is not a good idea to file suit. Often, a person’s injuries will dictate whether they should or should not file a lawsuit.
If you were involved in an auto accident and suffered a back or neck sprain or strain, it is not likely that a jury is going to compensate you very much for your injuries. This is not to diminish the pain or discomfort you are going through. Simply pointing out that those are not the kind of injuries that juries compensate victims for. I think jurors feel that these types of cases should have been resolved out of court. Most judges would agree with that as well.
Our firm is located in Northbrook, Illinois but we practice all over Chicagoland and throughout the state of Illinois. As such, if you are seeking a Morton Grove personal injury lawyer, or you want to confer with an attorney about whether you should file a lawsuit, call our office today at 312-848-9783 for a free consultation.