Should I file a lawsuit?

UPDATED: Sep 30, 2022

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Should I file a lawsuit?

Parking was full all the way to the back. When we saw a family walking into their car, so we stopped and waited with our blinker on to the left. They were taking a little while backing out ,so 2 cars behind us went around the left side to continue on to look for parking. This left a car still behind us. He pulled along the left side our car. We asumed at first he was going around us like the previous cars had done, however he just sat there. I got out of the passenger side and walked over to the spot to wait for the car that was backing out to leave, so in case the driver of the car that was also waiting was unaware we were waiting for this spot. Then the car that we were waiting on backed out. I told the waiting driver that this was not his spot and that he cut around us. He said.

Asked on April 23, 2017 under Personal Injury, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Certainly you should look to press charges. As for a lawsuit--there are two components to a successful lawsuit. The first is liability--essentially wrongdoing, which would obligate the at-fault person to pay compensation for any damages. Clearly, there was wrong doing and therefore liability here. The second element, however, is "damages": costs or injuries for which you would receive compensation. In civil cases (i.e. lawsuits), the law only provides compensation, or money, for actual injuries and costs. Therefore, if--as we hope--you were not harmed or were only at most slighly harmed and did incur large medical bills, there is no point in suing: you will receive little or no compensation.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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