Should You Feel Guilty for Suing Someone?

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Should You Feel Guilty for Suing Someone?

Personal Injury Attorney Ben Schwartz answers a viewer question from Mary in North Wilmington, Delaware. Mary wrote in and she said essentially when you are suing someone, don’t you feel guilty for suing them? It is a good question, very insightful question, but I would have to answer the question – No I do not feel guilty when I am suing somebody. The other attorneys that I have asked this question to have told me they don’t feel guilty either.

We’re going to answer a viewer question from Mary in North Wilmington, Delaware. Mary wrote in and she said essentially when you are suing someone, don’t you feel guilty for suing them? It is a good question, very insightful question, but I would have to answer the question – No I do not feel guilty when I am suing somebody. The other attorneys that I have asked this question to have told me they don’t feel guilty either.

There are a couple of things to remember:

When we are filing a lawsuit, it’s typically in a personal injury case. We would not be filing a lawsuit if there was no insurance to cover that claim for damages. In 99 out of a 100, probably more than 99 out of a hundred cases, we get all of our clients’ medical records and send them out to the at-fault driver’s insurance company or the at-fault landlord’s insurance company and try to negotiate a settlement. Typically when we file a lawsuit it’s because the insurance company is not forthcoming with a fair reasonable offer of compensation to get a claim settled. So when we file a lawsuit, usually it comes with a certain measure of frustration in dealing with the insurance company. By filing the lawsuit we are putting an end, to a certain extent, we are putting an end to pre-suit insurance company tactics of delay, deny and defend.

The other thing that I think is worth keeping in mind is that when we’re filing a lawsuit, the cases that we take, our cases where someone has done something wrong to cause injury to another person, whether it be a company doing something dangerous or a drunk driver running red lights smashing into innocent drivers, when we are filing a lawsuit, we are not filing lawsuits against people that have done nothing wrong. We are filing lawsuits against people who have broken the law in one sense or another. So no, there is very little guilt, at least on my part, when it comes to filing a lawsuit, but it is a very good question. I think it is a question a lot of people have because you are really taught growing up that you are supposed to turn the other cheek. Sometimes turning the other cheek is not the thing to do. Sometimes you have to stand up for yourself and that means filing a lawsuit, so there you go.

I appreciate the question. If you have questions for me, my name is Ben Schwartz and you can send me an email below. You can also post a comment on this video, I’ll see the comment. If you have a question and it’s something that I can answer in video format on the air, on the internet, that would be great. Pitch me your question, let me see if I can give you an answer. Thanks for watching!

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