When Should I NOT File an Injury Suit?

Knowing How to Maximize Your Compensation with a Lawsuit: Personal Injury Lawyer in Greenville, South Carolina Explains

Accidents can cause personal injuries. Sometimes these personal injuries are minor—maybe even just causing embarrassment in a fall and a little bit of a sore back. But other times personal injuries may be more catastrophic, including traumatic brain injuries, spinal cord injuries, and other bodily harm. Fortunately, some insurance carriers and defendants will do the right thing after making a careless mistake by offering fair compensation. 

Some may even agree to cover medical, lost wages, and other reasonable costs. Unfortunately, our personal injury lawyer knows this is not always true.

Some insurance carriers, defense lawyers, and defendants may not offer you any compensation. In fact, some may even blame you for the accident and your injuries. A defendant’s resistance to fairly pay you what you are owed may even come with threats of a countersuit. If that defendant happens to be your employer or coworker, you may be even threatened with being fired—or worse, cleaning the bathrooms. Some defendants may even try to trick you, offering you what seems like fair compensation but really concealing other facts that would result in a whole lot more compensation if you had a lawyer.

That’s where we come in. Here at the Hammack Law Firm, our experienced personal injury lawyers in Greenville, South Carolina can help you determine when you should and should not file a personal injury lawsuit. As is often said in poker, sometimes knowing when to fold’em is winning the battle.

With our skilled and experienced team, we can help you and your family make the most educated decisions based on your circumstances and case. We always know when to hold’em and when to fold’em!

Flags When to Probably Not File an Injury Suit

When considering whether or not to file a personal injury lawsuit, there are some important things to think about. 

Important Legal Considerations

First, there are important legal considerations that need to be made. These are important because if you bring a lawsuit that is unsuccessful, the other party may bring an application for fees. These fees are typically costs and disbursements, as well as other expenses that are set by statute.

This basically means that you could be injured, not win your case, and then owe the defendant money—ouch, ouch, and ouch! That’s why you need a well-trained lawyer to help you.

Some important legal considerations include the following:

• Was this a work-related injury or illness?

If you were injured due to your employment, by your employer, by a coworker, or due to circumstances that are related to your employment, you are in luck/doomed. 

Workers’ compensation is considered an exclusive remedy for work-related injuries or illnesses. If you were injured due to your employment, you are in luck because you can obtain a portion of lost wages, medical bills, and other damages without having to bring any lawsuit. This is a “no-fault” benefits system which means claims are generally paid quickly and fairly.

However, you are doomed in workers’ comp land because conscious pain and suffering cannot be compensated. In some types of accidents, this may not be a large component of your case, but in other cases, it may be a huge factor. This is why some people call work-related accidents a blessing and a curse—because it really depends on the facts.

It is important to note that it is not always black or white! Even if you were injured at work, you still need to speak with an experienced personal injury lawyer. There are some small exceptions that may allow you to get both workers’ compensation benefits and personal injury damages.

This happens in third-party claims, and it can be extremely complicated – especially when there is an off-set or if you qualify for Social Security Disability Insurance. But don’t fret—leave the calculus and quantum physics to us (because that’s how user-friendly these calculations can be), and call to see what you may be entitled to.

• When did your accident happen?

The timing of your accident to bringing a lawsuit is important. This is because of something called the statute of limitations period, a time limit on filing a lawsuit as set forth by the Legislature. Its purpose is to prevent stale claims – no one likes stale bread, and no one wants to be sued when a claim has lingered out too long.

Under South Carolina law, section 15-3-530 provides that there is a three (3) year statute of limitations period on personal injury claims. This accrues (or starts) when the accident and injury occur. If you try to file a lawsuit beyond the time limit, your lawsuit will likely get dismissed, and you may owe fees to the other party (if they are soulless and ask for them).

• You Received a Pretty Reasonable Offer

Sometimes the planets align, and you have a fair and reasonable offer from the insurance carrier. Yes folks, it does happen. Not often, but that’s what we are here for.

It is still a good idea to have an experienced personal injury lawyer in Greenville, South Carolina review the claim. But after considering the offer and other verdict reports or settlements in the area for similar injuries, it may indeed be fair and reasonable and not worth trying to file a lawsuit to potentially get the same or less.

• Important Factual Considerations 

Like  the legal factors, there are also some factual considerations to consider. These can be numerous and exhaustive, a list here not possible due to the lack of papyrus available for printing. But some of the factors may also be unique to you and your family. This is the part where a personal injury lawyer is not just a lawyer, but also a “counselor at law.” Our job is to help you make the best decisions while applying the law, not just flexing every legal muscle for you.

Some important factual considerations include the following:

• What is the defendant’s insurance? If your injuries are higher than the injury policy and the defendant is “judgment-proof,” it might not make practical sense to commence a lawsuit. The old adage “can’t get blood from a stone” applies.
• Are you being offered money now? If you are being offered compensation that is lower than you are entitled to, but waiting for 1-3 years while litigation continues may cause hardship, it may not make sense to wait.
• Are there other risks? Not just about your case, but do you have some family dynamics you need to consider?
• Is the victim a child? Does it make sense to place him or her on the stand if the case goes to trial?
• Can you emotionally and physically handle a trial?
• If you are being offered compensation now but are temporarily unable to work and facing foreclosure or other housing issues, does it make sense to take the settlement?
• Would you need to take a plaintiff’s loan to hold over until you get a lawsuit?

These are just some factual considerations: you should speak with an experienced personal injury lawyer before commencing an action.

Unsure Whether or Not to Commence a Personal Injury Action in South Carolina? Speak With Us

In addition to these legal and factual considerations, there are other practical considerations you should also make. This includes convenience, childcare, the extent of your injuries (i.e., sprained ankle versus brain injury), and other relevant factors. Although you may not have all the answers, fortunately, our experienced team at the Hammack Law Firm will.

We offer free consultations and can speak with you and your family regarding your options and your legal rights. To learn more about how we can help you, please call our personal injury lawyers in Greenville, South Carolina.