If you’ve sustained a significant injury after a motor vehicle accident, should you file an insurance claim or a personal injury lawsuit? It’s a difficult question to answer on your own. Amid emotional distress and physical injury, making an intelligent decision can seem impossible. You likely feel wronged in the aftermath of the accident. But do you have a legal basis to potentially win a lawsuit?

Two basic issues at play

There are two issues to consider in every tort claim, meaning every claim in which a claimant has suffered damages due to the actions of the person who committed the act. These issues are:

  • Liability: Was the defendant liable for the damages you sustained? Can you prove this in court? Connecticut is an ‘at fault’ state. If the driver was legally negligent, they are liable for damages.
  • Damages: What is the nature and extent of the damages? In other words, how serious an injury did you sustain? How severe was the financial impact of the accident on your life? How significant was the emotional impact?

Should you contact a lawyer?

If you sustained anything more than minor injuries, it may be advisable to consult a personal injury lawyer to understand your options. If you simply file a personal injury claim, the insurance company may resist paying the claim or only pay you a portion of what you could recoup. On the other hand, filing a lawsuit can be expensive and sometimes fruitless. Talking to a personal injury lawyer is the only way to make an informed decision about whether you should pursue a civil suit to try to recoup damages.