Skip to content

Do I need to file a personal injury lawsuit?

One of the most common questions we hear from people in your situation is, “Do I have a good case, and can you help me recover financial compensation for my injuries?”

At our first meeting, we will listen to you explain the facts of your case and seek to provide you with information about what to expect and answer any questions you have. We will also ask questions about location, parties involved and your expectations for outcome so we may determine the best options for you.


Do I have to file a personal injury lawsuit?

The right to choose what you do after an accident is important. Unfortunately, the decision to not act can come with a significant downside. For example, if you do nothing to recover compensation from those responsible for your injury then you will burden the cost of recovery.

If you have been injured because of someone else’s negligence, then it is in your right to pursue financial compensation on top of medical treatment. Our experienced Inland Empire lawyers are available when you need them and will provide excellent guidance throughout a difficult process.


Two Important Factors

Almost all personal injury lawsuits come down to two factors – (1) how severe was the loss and (2) what resources or insurance does the responsible party possess. While there are many other factors that will affect both the liability and settlement, these two factors are the core basis for any evaluation of a personal injury claim.


Factor 1: Severity of the Loss

The severity of the injuries is going to play a significant role in the value of your personal injury case. Aside from just looking at medical bills, insurance carriers and a jury will look at the permanence of your injuries. If your injuries cause a disability or scarring and disfigurement, the value of your claim is going to be higher than the value of a claim involving relatively minor injuries.


Factor 2: Resources of the Liable Party

Personal injury lawsuits are a legal tool to help those injured to recover financially from a loss. If there are no significant assets, an insurance policy may be used to fund a settlement. However, the total policy maximum coverage of the at-fault party will play a significant role in the size of a claim. If an insurance policy does not cover a victim’s total losses, then they may be able to file a personal injury lawsuit against the liable party to pursue compensation for their damages.


Additional Factors in Personal Injury Lawsuits

Beyond the primary factors listed above, these items are often most utilized when determining the viability of a claim as well as the amount of a settlement.

  1. Ability to return to work after the injury, whether part time or full time.
  2. Case precedence – meaning if there have been similar cases settled previously in the same or similar circumstances, preferably within the San Bernardino County or California court systems.
  3. Medical bills – these represent hard costs of recovery as well as evidence of the damage by way of treatment.


Calculating settlements for personal injury cases is never easy, but the experienced lawyers of Harsh Law can help identify the factors that are most likely to affect a given settlement.