Why File a Lawsuit?

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By: Bill Henry
PublishedSep 15, 2020
1 minute read

If you are injured in a car crash or slip-and-fall accident, you may have wondered if you should file a lawsuit.

Civil Litigation Attorney discusses how filing a lawsuit can help you receive the compensation you deserve for your injuries.

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Why File a Lawsuit for Your Personal Injury?

The answer to this question may sound like an easy one. Perhaps you’re thinking, well, I’d file a lawsuit because the insurance company is not offering enough money.

While that is a good reason to file a lawsuit, it isn’t the only reason you should file a lawsuit.

Lower Reserves

When you’re trying to reach a settlement with the insurance company, there’s a limited amount of money the adjuster can give you. That’s called the reserves.

During the time before you file a lawsuit, called pre-litigation, you’re likely receiving medical tests and treatment; and the pre-litigation insurance adjuster has lower reserves.

Higher Reserves

Generally, when someone files a lawsuit, their case will be turned over to a litigation adjuster. Litigation adjusters have higher reserves. In other words, they have more money to pay out for your settlement.

Why Demands May Not Work

During the pre-litigation phase, you can make a settlement demand and there is no risk to the insurance company. The adjuster can give you a low-ball offer without batting an eye.

Why Lawsuits Can Work Better

A lawsuit, on the other hand, presents additional risk to the insurance company, resulting in a greater settlement amount for your claim.

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