Pursuing legal action can be a daunting process for many people. Lawsuits are complicated by rules and regulations and can bear heavy emotional and financial burdens to all parties involved. When the word lawsuit comes up, we know that it often conjures images of somber judges, large courtrooms, and suited lawyers. If you don’t have prior experience with filing a lawsuit, you probably don’t realize what you are getting into when you decide to proceed. Just remember, many common courtroom fears may be misplaced, and at Tucker, Yoder and Associates, we are here to give you the passionate, experienced, and tenacious legal assistance you need. If you’ve been injured and are considering hiring a lawyer, here are 5 things you didn’t know about filing a lawsuit.
- There Are Time Limits
In New Mexico, as in most states, the statute of limitations is two years for all personal injury claims. For libel or slander claims, a subset of personal injury law, the time for filing suit is set at one year. Once a suit is filed, proper notification must be served on all parties involved. However, it is important to note that there are different rules and timelines if a government agency will be involved. Experienced legal counsel is essential to preserve your right to file a lawsuit and ensure all requirements and timelines are met. Failure to properly meet deadlines can result in the court dismissing your lawsuit.
- Bigger is Not Always Better
If you watch television, chances are you have seen the commercials touting firms with hundreds of attorneys asserting they have settled cases for millions. It sounds impressive, but oftentimes the attorney you retain won’t be the same attorney who handles your case. Or you could find yourself dealing with multiple attorneys and paralegals. What’s more, your attorney may not be local, and you could be represented by an attorney from another city or state. There is a reason local is better. A local injury attorney like Tucker, Yoder and Associates is familiar with the people, the system, and the Judges if a trial becomes necessary. Lastly, if this firm boasts multi-million-dollar cases, will they dedicate as much time to you if your case is not as impressive?
- You May Never See a Judge or Courtroom
Going to trial is an expensive and time-consuming process. Since litigation is costly to all parties involved, it is generally in the best interests of all involved to reach an agreement outside of court. The majority of legal disputes never go to trial. That does not mean your lawyer’s skills don’t matter; in fact, it is quite the opposite. The better your attorney’s reputation is for winning at trial, the more likely your opponents will take your case seriously and negotiate in order to avoid paying even more through a trial verdict.
- Consider What the Defendant Might Do
It’s important to consider how the defendant may respond if you file a lawsuit against them. For instance, when you pursue legal action against someone, they may, in turn, counter sue you, or file a counterclaim. Litigation is a complex process and can be unpredictable at times. Unless you know the person on the other side of your lawsuit well, prepare for the unexpected.
- You are Generally Battling an Insurance Company
Accidents and injuries often involve regular people or small businesses. Oftentimes they may be friends or neighbors, and we may hesitate to pursue legal action because we don’t want to anger them. But that person, business, or organization won’t necessarily be the one responsible for paying for your injury. Individuals and companies pay monthly premiums for insurance coverage against accidents, injury, and property loss. Insurance is a big industry, and they typically are in the business of making money, rather than helping people. When faced with a potentially large payout, insurance companies will resist payment. Ultimately they are who you are battling, not the store owner or individual.
Consider All The Facts Before Filing a Lawsuit
Injury attorneys help hold at-fault parties accountable and recover damages as well as helping victims of property damage, injury accidents, wrongful death. While the process is complex, an experienced lawyer like Tucker, Yoder, and Associates can navigate your case’s intricacies and work to recover maximum compensation on your behalf. Although there’s always at least one advantage to filing a lawsuit, by now, you must realize there may be disadvantages as well. Talk to an attorney about your case and seek legal guidance before committing to pursuing litigation. If you or a loved one has suffered due to someone else’s negligence, contact our office today for a complete review of your case.
DISCLAIMER: The information on this blog/site is NOT, nor is it intended to be, legal advice. It is for general informational use only. You should consult an attorney for advice regarding your individual situation. Further, this information does not create an attorney-client relationship.