"I've been injured! Can I sue?"

Attorneys hear it all the time: a long description of someone else’s carelessness, of injuries sustained, and of expenses incurred. Then comes the anxious question, “Can I sue?” The answer to that question is almost always “yes,” since, as a general rule, anybody can sue anybody for anything.

Of course, many prospective lawsuits have no chance of succeeding, and good lawyers advise against filing them. The real question, therefore, isn’t “can I sue” but “should I.”

While only an attorney can make that call, here are some questions to consider as you prepare to discuss a prospective personal injury lawsuit with your attorney (in rough order of importance)…

1. How much is the prospective defendant capable of paying? Even if you win your suit, you’ll get nothing if the person you’ve sued doesn’t have any money! For example, if you’re injured in a car accident by an uninsured illegal alien, you’re going to be out of luck. When evaluating any defendants’ ability to pay, be sure to consider not just their own financial situation, but also the amount of insurance coverage they may have.

2. How much is the maximum settlement you can expect? If you win, your settlement will include compensatory damages, or compensation for your losses, i.e. the cost of medical treatment now and in the future, lost wages, and so on, as well as possible compensation for your pain and suffering. In some cases, additional “punitive” damages are awarded. The purpose of punitive damages is to punish the defendant for particularly reprehensible behavior. If your losses are small, and there is little evidence of wrongdoing on the defendant’s part, your settlement will be small, too. It may not even be worth going after.

3. Can you find an attorney who will take on your case on a contingency basis? In other words, is the attorney willing to be paid a percentage of the settlement only if he or she wins, as opposed to a straight hourly billing arrangement? The former is usually much more lucrative for the attorney if you have a good case. If no attorney is willing to handle your case on a contingency basis, it could be a sign that you have little chance of winning.

4. Do you really want to go through with it? Do you genuinely feel justified in what you’re doing? Are you willing to endure the hassles that accompany the legal process? Is it worth it to you? You don’t have to sue. It’s up to you.

If, after reviewing these questions, you feel that a lawsuit is feasible and justified, and if you’ve also found a good attorney–then sue away!