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What do I do to give my injury case the best chance of success?

There are a lot of phrases that have managed to gain a toehold in the common lexicon of the United States. One is, "right makes might." Or is it, "might makes right"? A little bit of online research suggests they both have earned something of iconic status.

The first is generally credited to Abraham Lincoln. He used it as a closing statement in a lecture he gave in 1860 to encourage the audience to "stand by our duty fearlessly and effectively." The second, or at least the idea it expresses, dates back to ancient Greek historian Thucydides, who suggested that when judging what's right the scales tend to tip in favor of whoever is strongest.

What does this have to do with the law and car accident injuries? Well, it offers a platform to observe that, regardless of whether you feel you are in the right or not, it is important to carefully examine things before deciding to pursue a lawsuit.

One key question to answer is do you have a good cause of action? Other questions to consider include the following:

  • Have you done all you can to resolve the issue short of court? Litigation can be costly. Most at-fault individuals are willing to clear things up without going to court if given the chance. If the other party has standing to make a counter claim, maybe a compromise is in order.
  • If you win your suit, will you collect? Winning an award that can't be collected amounts to a pyrrhic victory. To avoid the problem, determine the financial condition of the alleged defendant.
  • What will attorney costs amount to? Get an estimate from your lawyer. It might be better to settle.
  • What toll will a lawsuit take on me? Taking a case to litigation takes time and energy. You might not be on the front line of the fight but you are in command. Are you prepared? Will your business and home life stand it?

And remember, most attorneys offer free initial consultations so such reviews don't have to be handled alone.

Source: FindLaw, "Before You Sue: 10 Things to Think About," accessed July 24, 2015

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