When Does an Attorney Decide to File a Lawsuit?
In a personal injury case, you have several options to see compensation for your losses. You can file a claim with an insurance company or, you can take your case to court by filing a lawsuit against the at fault party (called litigation). Many times, a personal injury claim will be settled prior to filing a lawsuit. Litigation is often the last resort.
An attorney may choose to file a lawsuit if their attempts at settlement directly with the insurance company representing the at fault party have been unsuccessful or if there is a liability dispute. An attorney may also be required to file a lawsuit if the plaintiff’s case is nearing the statute of limitations. The statute of limitations in Indiana for personal injury cases is two years from the date of the injury or accident. Sometimes a lawsuit has to be filed even during settlement negotiations in order to pause the statute of limitations from running out.
It is highly recommended you consult with an attorney as soon as possible after being injured in an accident. Remember you only have two years from the date of your injury to file a lawsuit. While you certainly can attempt settlement with the insurance company directly, it is good to know what your options are. After a lawsuit has been filed, you still have the option to settle before reaching trial. Most cases settle before reaching trial.
An experienced attorney will know when litigation can work in your favor or when it is best to continue settlement negotiations. Reach out to Sweeney Law Firm online, over the phone, or in person to find out if you have a case to pursue.