Should I Sue Or Not? by Keith Stachowiak

Being a victim of a wrongfully inflicted injury or “tort”, you naturally expect to be compensated for the inconvenience and pain inflicted upon you. Usually, the wrongdoer is expected to pay for damages that resulted from your injury, including: medical expenses, wages that you could’ve earned had the injury not happened, property damage, and your pain and suffering. Punitive damages can also be awarded if a person acted maliciously toward you or in an intentional disregard of your rights. This is to reinforce to the guilty party the seriousness of their actions, and serves as a warning for any future transgressions.

However, the fact that you’re the victim does not necessarily mean that you should sue for damages. Nobody is discounting the fact that you were injured or inconvenienced, but the decision to file a lawsuit is something you need to seriously think about.

Should I Sue?

It is important to note that there are multiple factors to consider when deciding whether or not to sue. Things like the level of fault of the wrongdoer, the severity of your injury, and your own liability to what happened all have to be taken into account.

And another extremely important point to consider is the ability of the wrongdoer to pay for the damages. This is where insurance plays a huge part. If the guilty party is of limited means and does not have insurance for damages resulting from negligence, a lawsuit might just prove to be fruitless.

Also, be aware that insurance typically does not cover intentional torts and therefore might not be worth pursuing. However, some intentional-looking damages are sometimes actually a cause of negligence. For instance, you may be the victim of a practical joke that misfires and injures you. Although the practical joke was intentional, the injury was not, so, your injury can still be covered by liability insurance, assuming the other party has some.

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