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To sue or not to sue after an Indiana accident

Posted by Guy DiMartino | Jan 26, 2015 | 0 Comments

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.

If you have any questions about an Indiana personal injury matter, you can always give us a call at(219) 874-4878.

About the Author

Guy DiMartino

I have loved helping people in need for almost three decades.  It has been my privilege to serve people as their pastor, chiropractor, and lawyer.  The current focus of my legal practice and lifes passion is helping the seriously injured receive complete compensation for their injuries. I am a ...


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