Do I have to file suit to recover for my injuries?
Short answer. No. While the value of your claim is unknown at the start, you and most likely the other party is aware that such claim exists. Once the claim comes into existence, meaning you're injured, the other party is likely to contact his or her insurance carrier. Sometimes the other party isn't even aware there is insurance. Think about driving someone else's car and being involved in a motor vehicle collision. The person who owns the vehicle likely has insurance coverage. The person driving the vehicle probably doesn't know what or if that coverage is available. Nonetheless, once the insurance company is made aware of the claim by the responsible party or our firm, the insurance company takes over the defense.
The insurance carrier is going to do an investigation of that claim to determine first whether there is coverage, meaning is the insurance company going to defend the other party for the other party's actions causing your injury. Second, the insurance company is going to determine based on its own formula and models what the insurance company believes that claim is worth. Lastly, and this can be done in conjunction with determining what the claim is worth, the insurance company is going to reach out to you the victim. The insurance company is going to want to statement any information I can get from you to weaken your claim so that the insurance company can pay less money if in fact they're liable. Here is a tip, the insurance company can't talk to you if you are represented by a lawyer.
For many of our injury clients, the biggest concern is filing a lawsuit. They would rather do just about anything else, but they are legitimately injured. Nobody wants to be involved in a lawsuit. The good news. If the investigation and pre-suit work is done well many lawsuits can be avoided through an out-of-court settlement. The way you obtain an out of court settlement is through an investigation to determine what safety rule the other side violated. Perhaps, the person was speeding or drove through a red light. Maybe the doctor failed to recognize bleeding during surgery or didn't follow up with your reoccurring symptoms.
When a thorough investigation has been done which squarely shows the other party is at fault, insurance companies are more apt to resolve the case prior to a lawsuit being filed. In addition, the insurance company has had an opportunity to determine if your lawyer is organized, able to secure all medical records, and most importantly willing to litigate the case. The true irony is the more willing you are to go to trial, the more apt the insurance company is to resolve the matter. Showing the insurance company you are ready for trial starts with a solid pre-suit demand. In many cases, that can foster a resolution without filing suit.