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Should You File a Lawsuit in Your Personal Injury Case?

When it comes to personal injury cases, many people may choose to settle their claims pre-litigation to avoid the complexities and uncertainties of the legal process. However, in many cases and, in particular, more serious cases involving significant injuries or future medical expenses, litigating your case can be a very smart move. Here, we discuss the benefits of filing a lawsuit and why it's essential to choose an attorney who is willing to litigate on your behalf.

The Advantages of Litigation:

1. Discovery and Subpoena Power:

When you litigate your case, you gain access to the discovery process, which allows you to subpoena documents, conduct depositions, and gather crucial evidence that may not be available pre-litigation. This information can significantly strengthen your case and improve your chances of receiving a favorable outcome.

2. Increased Settlement Offers:

Insurance companies are often aware of which attorneys are more likely to litigate a case and take it to trial. As a result, they may offer higher settlements to clients with lawyers who have a reputation for going the distance. This is because they recognize that a trial could result in a jury awarding substantial damages to the plaintiff.

3. Full Assessment of Damages:

Litigating your case provides the opportunity to thoroughly examine the extent of your injuries and future medical expenses, which can be challenging to determine during pre-litigation negotiations. This means you are more likely to receive an appropriate settlement that truly reflects the value of your claim.

Choosing the Right Attorney:

It is crucial to research and select an attorney who is willing to litigate your case, especially if your injuries are severe or involve long-term consequences. When searching for a lawyer, consider the following:

  • Ask if they will be the one litigating your case or if they will refer you to another attorney or firm.

  • Inquire about their experience with trial cases similar to yours and how often they have filed lawsuits in such cases.


While settling your personal injury claim pre-litigation may seem like the easier route, filing a lawsuit and litigating your case can often lead to better outcomes, especially in cases involving more severe injuries or cases involving ongoing medical treatment. By choosing an attorney who is prepared to litigate on your behalf, you can ensure that you receive the full value of your claim and the best possible resolution for your situation.

If you or a loved one has been injured in an auto accident, contact Phillips & Associates for a free consultation today. You will immediately be put in touch with John Phillips or Patrick DiFilippo, who can help determine whether you have a case and advise you on the best course of action moving forward.


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