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I Should Sue!: Distinguising Reality from Exaggeration

“I should sue them!” You hear those words said all the time. You’ve actually probably said them yourself. This phrase is sometimes used jokingly – after a bad haircut or the waiter spilling water on you. But often it’s said in frustration. Something has gone horribly wrong through no fault of your own. You feel victimized, powerless. We don’t trust the guilty party to adequately fix or make up for their error. Maybe they’re denying fault all together. And pursuing a lawsuit against them feels like the only way to be heard, for the truth to be known – to receive justice. Regardless, once these words are said, your next step is: am I serious?

Putting aside the anger, resentment and fear, ask yourself: is this my best option for fixing this situation? But the truth is, without experience in tort law, you may not have that answer. First, it’s important to understand what taking this route means, and if it is the best choice for accomplishing what you wish to achieve. At the Law Offices of Millon and Peskin, we want our clients to clearly understand the process of filing for recovery of damages. Our clients often come to us with only a general idea of what they wish to achieve, and it is our job to give them both a broad view of the process, as well as a minute view of what that process means in reality.

Second, the truth is a lawsuit is not suitable for every situation. In reality, there are some things for which you cannot file a lawsuit. For instance, contrary to popular myth, you can file a lawsuit against the federal government. However, what you can sue them for is limited. Another common misconception is that you can always sue your employer for injuries you sustain while on the job. This is sometimes true, but in most cases, it is not (we will discuss the distinction in a later article). Even with allowable lawsuits, restrictions may apply on what you can achieve. While others may paint an inflated and grandiose picture of what a lawsuit can garner, it simply leads to unrealistic and ultimately disappointed expectations. At Millon and Peskin, a Chicago personal injury attorney, we are upfront with our clients as to what we feel they can accomplish. We do this first by asking them what their hopes and goals are. We then try to balance these expectations with what is allowed, possible and likely by law.

Our goal is to help our clients make an informed decision. The truth is that pursuing a lawsuit is not for everyone. Sometimes, you will follow through with filing. Other times, you will, for a variety of reasons, pursue other options. More than anything, we want our clients to be happy with whichever choice they make.

About the Author: Brooke Haley is a Marketing Associate at Millon & Peskin, Chicago workers compensation attorney that practice in the areas of Workers’ Compensation and Personal Injury. Millon & Peskin is a General Civil Litigation Practice with the goal of representing the interests of injured workers, throughout all applicable Courts in the State of Illinois. For more information about Illinois workers compensation lawyer,please visit www.millonpeskin.com.

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