I'm Not the 'Suing' type - Understanding Your Options After an Injury

You can be reluctant to sue someone and still want to understand your options after an injury.

Learning whether you have a claim isn’t the same as deciding you are going to litigate it.

Perhaps you dislike conflict. Perhaps you feel that the person who caused you made an honest mistake and shouldn’t have to pay you money.  Or maybe the idea of a lawsuit simply does not fit how you see yourself.

Those feelings deserve consideration. So do the consequences of your injury.

Start with what concerns you

“I’m not the suing type” can mean several different things.

You may worry about hurting someone financially, damaging a relationship, spending years in court, or asking for more than is fair. You may simply want to recover and get on with your life.

Identifying the particular concern gives you something useful to discuss. “I don’t want to put my neighbor’s home at risk” is a more specific starting point than “I would never pursue a claim.”

You do not have to dismiss your concern. You can ask questions that help you understand whether it fits the circumstances.

A claim does not necessarily mean a lawsuit

An injury claim is a request for compensation. A lawsuit brings that dispute into court.

Many claims are resolved through negotiations before a lawsuit is filed.

Others claims require litigation, and a lawsuit can still settle before trial. Most do.  An attorney cannot promise which path your claim would take, but can explain the possibilities.

 If your concern is spending days in a courtroom, ask what would likely be required of you. If your concern is who would pay, ask whether insurance may apply and what its limits could mean.

Those answers depend on the circumstances. Getting them can help you make a more informed decision.

Take an honest look at the consequences

Imagine that another driver causes a collision. You expect your soreness to pass, so you decide to handle things yourself. Weeks later, you are still attending appointments, using leave from work, and paying someone to help with tasks you ordinarily do.

 Those are real consequences, even if you have feel no anger towards the person who caused your injuries.

 Before deciding what to do, consider what the injury has actually changed:

• What have you paid out of pocket?

• What work or income have you lost?

• What treatment is continuing?

• What can you no longer do that you used to enjoy doing, or do only with difficulty and decreased enjoyment?

Be accurate. Include improvements as well as continuing problems. Understanding your losses does not require exaggerating them.

Ask questions before making a commitment

You can tell an attorney plainly: “I’m unsure whether I want to pursue this. I’d like to understand my options first.”  Free consultations are the norm.  Take advantage of that.

Ask about the strengths and weaknesses of a potential claim, the fees and expenses, and what the process would require of you. Explain any concerns about relationships or the effect on another person.

Also ask promptly about deadlines. Your opportunity to pursue a lawsuit is subject to time limits, even while you are deciding what feels right.

Make a decision that reflects your circumstances

Paul’s Guide is designed to help you organize your information into a Claim Summary, explore attorneys based on what matters to you, and compare proposals from attorneys you select. Its purpose is to make information and practical tools available while keeping the decisions yours.

You may decide that pursuing a claim makes sense. You may decide otherwise.

Either way, give yourself permission to understand your options before ruling them out. You can take your injury seriously and remain the considerate person you have always been.

General information—not legal advice. Paul’s Guide is not a law firm. This article provides general educational information and may not address every fact, exception, jurisdiction, or change in the law. Legal rights and deadlines vary based on the circumstances and applicable law. Reading this article, by itself, does not create an attorney-client relationship with Paul’s Guide or Paul Zimmerman. For advice about a specific claim, promptly consult a lawyer licensed in the appropriate jurisdiction.