Every injured person wants to recover damages from the person responsible for causing the injuries. That is human nature. And, the law provides rules and procedures for a person injured by the negligence or intentional act of another to prosecute an action for damages. And, invariably, the insured person believes wholeheartedly that he or she will prevail. This unabashed and over-confident position is sometimes encouraged by personal injury attorneys.
Don't retain a personal injury attorney that tells you what you want to hear. Hire an experienced personal injury lawyer who knows what he or she is doing and will tell you the truth and even argue with you to help you see the harsh realities of personal injury litigation. Sticking to one's own opinions and ignoring the advice and counsel of experienced professionals, is a big mistake.
If you are going to proceed with a personal injury lawsuit, ask your attorney to explain the strengths and weakness of your case. Also, ask what happens if you lose your case. Even if you think that could never happen, ask anyway. There are a number of significant legal ramifications of losing a case. For example, California Code of Civil Procedure mandates that the losing party pay the prevailing party certain costs such as filling fees, service of process fees, witness fees, jury fees, court reporter fees, and certain expenses incurred in trial.
At the beginning of a case, people don't want to talk about what happens if the case is lost - it is too depressing. And, unfortunately the injured person may misjudge an attorney who wants to inform his or her client on this aspect of a personal injury case, so attorneys often skip that when the attorney-client relationship is established.
Be informed and understand what you are getting yourself into at the beginning. You want to know the good- how much you might recover. You want to know the bad - how much money you might have to put out, how long it will take, and even if your case settles, the low end of what you might recover. And you should also want to know the ugly - what happens if you lose. Otherwise you may look like this -
Don't wait to to learn about the ugly until you are in the hall of the courtroom waiting for the jury to return a verdict. Waiting until then may prove to be a horrible experience.
