SHOULD YOU SUE?

The most common question I am asked is if a victim “can” sue. That’s a legal “standing” issue and beyond the scope of this analysis. The question should be… “should” you sue?

Here’s an analysis you can apply to your own case.

1) LIABILITY - The first question is always liability. If the adverse party is solely at fault, then liability is clear. However, it’s more common that both parties are partially at fault. An example is a speeding vehicle that strikes a jay-walking pedestrian. A party’s liability will be adjusted according to their share of legal responsibility. So the value of your claim may be affected by apportionment of fault between the parties.

2) VALUE - What is the value of your claim? Valuation can be broken down into two categories:

     SPECIAL DAMAGES – Any financial debt or out of pocket expense related to the accident. These damages are called special because they are special to a specific expense you incurred as a result of your accident.

          Personal Injury Special Damages includes expenses like the following:

• Car replacement
• Loss of earnings (past, present and future)
• Medical expenses (past, present and future)
• Prosthesis
• Long-term care

          Wrongful Death Special damages also includes:

• Loss of financial support
• Loss of gifts or benefits
• Funeral and burial expenses
• Loss of household services

     GENERAL DAMAGES – This is the value attributed to your overall mental and emotional well-being. What are your daily thoughts since the accident? Are you preoccupied by thoughts of pain or sadness? Are you feeling depressed? Do you have problems sleeping? These are all examples of “general” damages.

          Personal Injury General Damages include:

• Pain and suffering
• Emotional distress
• Mental anguish
• Scarring/disfigurement
• Permanent disability/impairment
• Loss of quality of life

          Wrongful Death General Damages include:

• Loss of Love
• Loss of Comfort
• Loss of Affection
• Loss of Companionship
• Loss of Care
• Loss of Assistance
• Loss of Protection
• Loss of Society
• Loss of Moral support
• Loss of Training and guidance
• Loss of Sexual relations (spouses)

3) RECOVERY - The final question is whether the defendant has sufficient assets (including insurance policies) to compensate the victims and families for their loss and injuries.

I hope this helps you in thinking about your own accident. This is the analysis I go through in my own mind when meeting a new client. At least, it will give you a better understanding of how the law determines the value of a case.