Popular ideas about lawsuits are often informed by television dramas. To dial up the tension, a TV show will paint litigation as a high stress battleground, where animosity fuels the legal strategy of both sides and leaves no possibility of friendship or understanding in its wake. Of course, litigation can also be expensive, especially for the losing side. For these and other reasons, few people want to sue their parents or their siblings even if there is a clear-cut case to be made for their liability for a serious injury. Despite these misgivings, there can be cases where litigation offers the best outcome for everyone involved.
The most likely scenario that could justify a lawsuit between family members is if the at-fault person’s insurance carrier has refused to pay compensation that it is obligated to pay under a policy. In such cases the real defendant may be the insurance company rather than the family member, though it may be necessary to include the family member as a defendant to take full advantage of the insurance policy’s provisions or for other reasons. Such suits may arise after auto accidents or in accidents that should be covered by a homeowner’s or renter’s insurance. In such cases it can be helpful if the insurer is also obligated to cover the co-defendant’s legal fees.
If an insurer isn’t involved, the issue of whether to sue can become significantly more complex. The challenge for a family in this situation is the balancing act between the short- and long-term needs of the injured person and the financial wellbeing of the at-fault defendant. Filing a lawsuit may clearly be in the injured plaintiff’s best interests, where the only deterrent is the family relationship. The question then becomes whether the strain of a lawsuit is worth taking on in exchange for getting just compensation for a serious injury.
Ultimately there is no one-size-fits-all solution to this problem. Every family faces different circumstances, and every injury involves unique challenges. The key for someone who is faced with this decision is to get advice from an experienced personal injury attorney. Free consultations are the norm in personal injury practice, giving potential plaintiffs an opportunity to explore their legal options without cost. Any attorney who is focused on the client’s wellbeing will understand the complex emotional and interpersonal consequences that would come with filing a lawsuit.
For more than 45 years the law firm of Greenman Goldberg Raby Martinez has represented Las Vegas clients in personal injury cases. We have nurtured a reputation for providing caring, compassionate advice to our clients. We take the time to get to know you and understand the full scope of your concerns before recommending a strategy that we think will best help you. Call us today for a free attorney consultation at 702-388-4476 or reach us through our contact page.