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To Sue or Not to Sue After an Indiana Accident

Guy DiMartino Jan. 26, 2015




I received a call from a guy a while back and he said “I do not want to sue for my injuries.” It brings up the question, what is the difference between bringing a claim and suing for your injuries after an Indiana accident?

Many folks assume that when they hire a lawyer for their personal injury claim they are suing somebody. This is just not true.

The initial process if you are injured in an accident is bringing a claim against the insurance company. This is not a lawsuit. A claim is an information process whereby the insurance company opens a file, requests information for the injured person, and then makes a decision if it wants to resolve the claim.

About 8 out of 10 of all personal injury matters settle in the pre-suit or claims stage. Around 20% of cases, have to go into a lawsuit. Once a lawsuit is filed – you are suing somebody before a lawsuit, you are just making a claim.

The decision to settle a claim or file a lawsuit is always the client's decision. A lawsuit is much more formal than a claim, has risk and requires a lot more participation from the client. So before an injured person decides to “sue for their injuries”, they need to discuss all the pros and cons with their lawyer.