The Severity of Your Injuries and Lawsuits: How to Determine If It’s Worth It

Lawsuits and lawyers are expensive. If you want to hire a workers compensation lawyer for injuries you sustained at work, you should be prepared to see the case through to the end, and that means having the funds to sue. If your injuries are not that severe, you may be chasing your tail instead of a check. Here is how to determine if pursuing a lawsuit is worth your time and resources.

The Retainer for Your Lawyer

Retainers are typically one to five thousand dollars, with the best in the biz charging the most. Of course, that also means that your retainer will diminish quickly, because the best lawyers are paid more per minute, quarter hour, half hour, etc. than those that charge less. While that $5,000 may seem like a lot to you, you may find that it is all gone after the first hearing. There is also the question of affordability. Clearly, if you cannot work, how will you pay your lawyer to pursue the lawsuit? It may take a big chunk of your savings, but if you are quite certain you have a hard and fast case against your employer and/or the worker's compensation insurance company, then pursue it.

The Severity of Your Injuries

If you are out a limb, your sight, your ability to walk or talk, etc., then you should definitely pursue a lawsuit. If you stubbed your toe and it became infected such that you had to miss work and get antibiotics, that really is not something you want to pursue. The costs to pursue the stubbed toe case are in excess to what it cost you to treat it, while the costs to pursue the missing body part or ability are more about never working again and needing money to survive and pay your medical bills. Sometimes people do not see a difference between these cases, but a judge does, and you have to look at your situation from the judge's position.

Countersuits

As unbelievable as it sounds, there are worker's compensation companies that file countersuits against injured parties who have filed suits against the companies. This may make your case even more difficult because your work history and public records will be highly scrutinized, and your character may suffer injury along with your body. If you feel your case absolutely has merit (and your lawyer will tell you what your chances are), then the countersuit will carry little weight and you can go ahead with your lawsuit.

For more questions about whether you should pursue your workers compensation case, talk to an attorney like Hardee and Hardee LLP.


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