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Making the decision to file suit

As the courts frown on litigants who file lawsuits frivolously, it's important to carefully weigh the decision to litigate a personal injury matter. It's important that you have all of your legal ducks in line before filing a petition for damages.

A vital component of a viable personal injury lawsuit is the presence of damages from the accident. For instance, if you get hit from behind but you suffer no adverse effects and have no damage done to your vehicle, you have no grounds to file a lawsuit to recover compensation.

For a personal injury attorney to take on your case, it has to potentially be winnable. You could suffer from serious damages in a hit-and-run accident, for instance, but if the perpetrator cannot be identified and served with your complaint, recovery may not be possible. You might, however, be able to seek compensation from your own auto insurance company, provided that you have that type of coverage.

Finally, there is also the issue of being able to collect from a lawsuit. Without uninsured motorist coverage through your own auto insurance policy, even if you are able to identify the at-fault motorist who struck and injured you, if he or she is without resources, pursuing a lawsuit could be an exercise in futility. Indigent defendants are not likely to be able to pay, even if you obtain a judgment against them.

That's why it is always prudent to seek professional legal guidance whenever there is any question of liability after an auto accident occurs. After your case is thoroughly reviewed, you will have a better idea of how you can proceed in order to pursue financial compensation for your losses.

Source: FindLaw, "Filing a Lawsuit: Should you Sue?," accessed April 20, 2018

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