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Thinking About Suing Someone? Read This First 

Gama Law Firm LLC June 20, 2024

If another individual or entity caused you harm, you generally have two options to obtain compensation for your injury and associated losses: file an insurance claim or file a lawsuit. While filing an insurance claim may be a good place to start, you may eventually realize that you need to sue the at-fault party to maximize your compensation.  

However, filing a lawsuit has implications no one likes to talk about. What you may not realize right now is that personal injury lawsuits are stressful not just for the party being sued but also for the person who files the lawsuit. While we—as personal injury attorneys here at Gama Law Firm LLC—strive to make the process as stress-free as possible, litigation will always involve some stressful moments.

Although we are a small law firm owned by the father-son attorney duo, we take pride in delivering big firm results and providing personal attention to each of our clients. With an office in Aurora, Colorado, we serve clients in Denver and throughout Centennial, Castle Pines, and Parker.  

The Implications of Suing Someone No One Told You Before 

While seeking justice and compensation through a lawsuit is your right, it's important to understand how the intrusive aspects of the legal process could affect your privacy, relationships, and even your career. A lawsuit is not only a costly undertaking but also involves an enormous amount of your time.

Your Criminal, Driving, and Legal History Will Be Scrutinized 

When you file a personal injury lawsuit, your entire background becomes fair game for the opposing legal team. They will dig into your criminal record, driving history, and any past legal issues to find anything that could undermine your credibility. This scrutiny might feel invasive, but it's a common tactic used to discredit plaintiffs. 

For instance, if you've had previous run-ins with the law, even minor ones, this may be used to "attack" you in a deposition and possibly at trial. Similarly, any driving infractions, no matter how trivial, might be used to argue against your claims, especially if your case involves a car accident. Therefore, it’s essential to prepare yourself mentally for this level of scrutiny.  

According to the Colorado Department of Revenue, your driving records are available for the previous seven years, which means any infractions that occurred within that period are visible and can be exploited by the opposing party and their attorney.  

It Will Cause Inconvenience to Your Employer, Supervisors, and Co-Workers 

Filing a personal injury lawsuit often means that your work life will be affected. You may need to take time off for medical appointments, legal consultations, depositions, and court appearances. This can create inconvenience not only for you but also for your employer and colleagues. 

Your supervisors might be requested to provide documentation or even testify about your work habits and any changes they’ve observed since the incident. This can strain professional relationships and place additional stress on you. 

To mitigate these issues, inform your employer about your situation as soon as possible and discuss flexible working arrangements if needed. Keeping open lines of communication can help ease the burden on both sides. 

The Details of Your Personal Life Will Be Made Public 

One of the most challenging aspects of a personal injury lawsuit is the public exposure of your personal life. Everything from your daily routines to your hobbies and relationships can be scrutinized and brought into the courtroom. 

For example, if you claim that your injury has severely impacted your quality of life, the defense may look for evidence to the contrary. They could present photos or witness testimonies showing you engaging in activities that seem inconsistent with your claims. 

Sounds too intrusive, we know. But you should be prepared for this level of intrusion. Discussing potential vulnerabilities with your attorney can help you better manage the situation and set realistic expectations. Although we can protect you against some questioning if it is irrelevant or too invasive, making a personal injury claim opens up your personal life to some degree.

Your Social Media Profiles Will Be Checked 

In today's digital age, your social media footprint can play a pivotal role in your lawsuit. The opposing party’s attorney will meticulously examine your profiles on platforms like Facebook, Instagram, and Twitter to find anything that could contradict your claims. 

If you post pictures of yourself participating in physical activities, for example, the opposing party could use them to argue that your injuries are not as severe as you claim. Even seemingly innocent posts can be taken out of context and used against you. 

To protect yourself, consider changing your privacy settings and being cautious about what you share online. Consult with your attorney for specific advice on managing your social media presence during the legal process. 

Your Friends and Family May Be Interrogated and Discredited 

The legal process can extend beyond you to include your friends and family. They may be called upon to testify about your character, your lifestyle, and the impact of your injury on your daily life. Unfortunately, this means they could be drawn into your claim whether they like it or not. 

For instance, if a family member makes a statement that contradicts your claims, it can weaken your case. The opposition might also try to dig up any unfavorable information about your loved ones to use as leverage. 

To prepare, you need to have honest conversations with those close to you about the potential for their involvement. Your attorney can also provide guidance on how to handle these situations. 

Your Previous Similar Injuries and Conditions Will Be Highlighted 

Any previous injuries or medical conditions similar to the one you’re claiming can be used against you in court. The defense will argue that your current condition is a result of these past issues rather than the incident in question. 

For example, if you’ve had back problems before and are now claiming a back injury, the opposing lawyers will likely focus on your medical history to dispute the connection between your current condition and the incident. However, there are limitations to what the defense attorney can do and you are still entitled to compensation even if the incident just made an old injury worse. The best way to ensure accurate and fair compensation is to always be upfront with your medical providers and your attorney about any pre-existing injury or condition. This will make you more credible to the jury and also ensure you get the proper medical treatment.  

Discuss Your Best Course of Action With an Attorney

Many people wonder if they need a lawyer when handling a personal injury case. Truthfully, some will but some may not. If you are thinking of suing someone or bringing a personal injury claim, then it may make sense to consider at least talking with a personal injury lawyer.  

At Gama Law Firm we always strive to inform and educate our clients about the litigation process so there are no surprises and so they are well-equipped to make informed decisions throughout the legal journey.  

With over 70 years of combined legal experience, we have litigated numerous personal injury cases and have seen it all: the good, the bad, and the ugly. Contact our office in Aurora, Colorado, for a free consultation to discuss your case.