Frequently Asked Questions about Filing a Personal Injury Lawsuit:

We receive many messages from our readers asking whether or not they can or should file a lawsuit based on personal injuries they have suffered in an automobile accident. Here are some of the more frequently asked questions and our brief laypersons’ answers.

Can I sue? If you believe that you have been injured because of the negligence or fault of another person, you can sue. It does not matter what nationality, religion, sexual orientation, etc you are. It does not matter what your age is, though if you are a minor a parent or guardian will need to be involved. In the United States, you may still sue another person even if you are an illegal immigrant.

Should I sue? That may be a moral or ethical question. It is not necessarily a legal one. You will need to decide this for yourself, perhaps taking into consideration input from people whose opinions you value.

Who Can I sue? You can sue anyone who caused or contributed to your injury. This could be the driver of another vehicle or the one you were a passenger in, the owner of a store where you slipped and fell, or a medical provider who failed to render appropriate medical care. This list is not all-inclusive.

What can I sue for? You can sue for your damages: your incurred and expected medical expenses, your lost wages and those you anticipate to lose, as well as emotional distress and damages such as loss of consortium. If you needed to incur the expense of household assistance because of your injuries (you were unable to clean, cook or care for your children), those expenses may be part of your lawsuit.

How much should I sue for? You can name any amount of money you want in your lawsuit; there are no limitations. However, do not undervalue your own case. Also, if you ask for an exorbitant amount of money, you risk alienating the judge or jury that will decide your actual award. The things that affect the value of your case include but are not limited to the nature your injury, incurred and expected expenses, and factors such as punitive damages.

Please remember that we cannot give legal advice through this website. If you are still unable to make the personal decision of whether or not you have a valid case or how to go about filing a lawsuit on your own, it might be best for you to consult your attorney or retain one if you do not already have one. If you believe that pursuing a lawsuit is your best decision, you will need to remember that it must be filed within the applicable Statute of Limitations time frame.

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