How do you handle suing someone you know? | Rosenthal, Levy, Simon & Sosa

How do you handle suing someone you know?

One reason that some people are hesitant to sue after a car accident or personal injury is that they know the other party. For example, in car collisions, maybe the other driver was a colleague or a relative. The same idea applies in other personal injury cases. It may seem very wrong to sue your beloved cousin after you slipped and fell on her property.

However, your medical bills are mounting, and your injuries are serious. You do not see another way out of it. How do you handle having to sue someone you care about?

Know that you are likely suing their insurance company

It may help to know that you are suing the person in name only. The true defendant is their insurance company, and in many such cases, the other person is supportive of your lawsuit. They understand that you have serious injuries and need financial help. In fact, these types of lawsuits are much more common than you might think. It is insurance money that will be paid to you. The other person’s house, assets, cars and so on are not at risk unless the insurance is insufficient and you have to pursue another lawsuit.

Rather than pursue another lawsuit, you most likely prefer to settle the matter between yourselves, and it can be frustrating and upsetting if the other person says something like, “Hey, I really am sorry that you got hurt, but it just is not my fault,” or “It is not right to sue me.”

It is unfair for you to sink financially while this person who was responsible for your injury continues to live an unchanged lifestyle.

Seek counseling

Talking with a therapist or counselor can help you determine if you want to sue the other person for valid financial reasons or if you are doing it for emotional/revenge reasons. Counseling can also help you cope if the other party seems indifferent or angry at you.

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