If you or someone you love has been injured because of another driver's error, they may need to choose between hiring a car accident lawyer and leaving town to recover on their own. Although many people do not like to think of quitting their job to fight a personal injury lawsuit, there are a few disadvantages to this course of action. First, there is the expense of a personal injury attorney. Not only will you have to pay for the initial consultation and possible court fees, but there is also likely a non-refundable fee for an attorney to handle your case. With today's economic climate, many people simply can't afford to spend money on a lawyer when their insurance provider can help them with the claim.
Because of this, it's important that you quickly hire a competent car accident lawyer as soon as possible to level the legal playing field between you and the other driver.One advantage to filing a lawsuit right away is that you have more time to do your research. While you should always look into both the strengths and weaknesses of your case, you must do this as quickly as possible. One disadvantage to early filing of a lawsuit is that if the defense lawyers do not present enough evidence in support of their claim, you may be unable to get a fair trial.
On the other hand, the faster you file, the sooner you will know whether you have a strong case or whether you should just move on to filing for a settlement.Another advantage to filing suit as soon as possible is that if the defense attorneys do not present enough evidence in your favor, you have enough time to hire an expert to do the research on your behalf.
One disadvantage to filing suit very quickly is that if discovery is delayed, you will not have the time to gather any documents or communications that will be used at trial. If discovery is delayed even longer, you could miss out on a great deal of discovery that could in fact strengthen your case.Some disadvantages to filing suit quickly are that it can be expensive. If you file a lawsuit too soon, you may not be able to find a good enough lawyer to represent your case, and the filing process can take a very long time.
If discovery is delayed even further, you could miss out on a great deal of evidence that could help your lawsuit go forward. A good example of this is in the realm of liability insurance. While the insurance policies of many tortfeasors will protect them from being responsible for injuries and damage to others, they will not cover you for legal fees in some instances.There is also a privilege that the defendant has to protect against. Known as the hearsay exception, a defendant is entitled to invoke this privilege in any litigation.
For instance, the person who made an oral statement at a deposition cannot use that statement in later litigation. The same goes for a document that contains false medical information. Even if the statements are proven to be true, the plaintiff is not allowed to use that information in court.One of the most common disadvantages is that plaintiffs are not able to recover damages for pain and suffering.
While the defendant is not required to pay this type of money, they are often willing to settle out of court in exchange for avoiding more lawsuits. To some, this seems like a win-win situation. However, if an experienced and knowledgeable car accident lawyer represents you, this could be a real disadvantage.