Every now and then, we meet with a car accident victim who comes to us wondering if their case is worth pursuing. Most of the time, the victim has sustained serious injuries and, by all rights, deserves compensation. Other times, our Greenville injury attorney finds that the case is worth so little that it’s simply not worth pursuing.
Nobody wants to hear this. We understand how important it is to you that the other driver be held accountable. The problem is that we can only pursue damages for injuries that you have actually suffered. If you didn’t suffer physical injuries, there is a good chance that your claim will be rather small. What we have found is that even when the other drivers insurance company refuses to pay your claim, your own insurance carrier will usually cover damage to your vehicle. The fact that your insurance rates may go up slightly is not enough to warrant legal action.
Here, we will briefly discuss how your car accident lawyer in Greenville determines if your case is worth pursuing. We suggest that if you’re unsure about whether you have a valid case, you contact our office right away. We can schedule your free, initial consultation by phone, or you can do so on our website.
Technically, You Can Sue for Damages Regardless of the Amount
Legally, nobody can stop you from filing a lawsuit against the other driver. If you are adamant that you deserve compensation, you have a legal right to pursue damages. Just understand that there is a good chance your case will be dismissed. If the other party files a motion to dismiss your case, there is a good chance the judge will dismiss it. Or the judge may refer your case to small claims court. Unless you can show that you suffered a significant injury, it may not be worth your time to pursue legal action.
One thing you have to keep in mind is that it will cost you money to sue. Not only will you have to pay the initial filing fee, but you also have to pay to make sure the defendant is personally served with a copy of the complaint. If the defendant or their insurance carrier files a motion to dismiss, you also have to file a response and pay a fee for that. Throughout the course of the lawsuit, you may end up spending more money than you will ever recover. This is why we try to explain to our clients that we use our best judgment when evaluating a case. If we think our client’s case has merit, we will certainly consider representing them in court. However, if we feel there is no reason to pursue a lawsuit, we will let you know up front.
What Kind of Damages Do You Think You Deserve?
One of the first questions we ask a new client is what they think their case is worth. We also ask them what kind of damages they think they’re entitled to. We often find that our clients tend to overvalue their case. When you’re the one who was involved in the accident, you tend to take things more personally and have a hard time looking at it objectively. We would never want to waste a client’s time by telling them there’s a good chance they’ll win if we don’t think that’s the case. Our car accident lawyers in Greenville would rather be honest and upfront then get our client’s hopes up unfairly.
Your Car Accident Lawyer in Greenville May Not Think Your Case Warrants Legal Action
When you meet with your car accident lawyer in Greenville for the first time, they’ll need to review your information. It’s a good idea to bring the following with you to your free, initial consultation:
- a copy of the police report
- pictures of the damage to your vehicle
- any correspondence you received the insurance company or the defendant’s lawyer
- any social media posts you have noticed on the defendant’s pages
- a copy of your medical bills as well as your medical records
- a copy of your mechanics bills and a list of what was wrong with your vehicle
- any evidence of missed time from work
- contact information for any witnesses to the crash
Once they’ve had a chance to thoroughly review your claim, your attorney will have a better idea of what it’s worth. If they don’t feel it warrants legal action, they’ll tell you. However, they may have other options for you to pursue. For example, they can always send a demand letter to the other driver or their insurance carrier. Or they may be able to negotiate payment of the claim, even at a reduced amount.
The Best Thing to Do is to Meet with a Car Accident Lawyer in Greenville
Before you decide whether you want to sue, you should meet with a car accident lawyer in Greenville. You may have no idea what your case is worth. For all you know, there may not be sufficient evidence to even prove the other driver was at fault. When you first meet with your Greenville injury attorney, they’ll review whatever information you have on the case. They’ll also look to see what kind of injuries you suffered. Depending on how strong your case is, your attorney may agree to represent you. It will come down to what your case is worth and whether your attorney thinks they can win it.
The only way to know for sure whether your claim has merit is to have someone evaluate it. Our car accident lawyers in Greenville have decades of combined experience handling car accident cases. When you first meet with them, they’ll get a feel for how strong your case is. They’ll even be able to give you an idea of what it’s worth. Now, if they don’t think your case is worth pursuing, they’ll let you know. Our Greenville injury attorneys won’t get your hopes up unnecessarily. Our goal is to accurately assess your case so they can decide how best to move forward.
Since we offer all new clients a free, initial consultation, you have nothing to lose. Call today and set up a date and time to come into the office.