In my experience, most clients who deal with a personal injury lawyer after an accident, do not understand what makes a lawsuit. Many people believe that when you’ve been injured and you hire a lawyer and your lawyer deals with the insurance company that this is part of your lawsuit. But the reality is that many cases are handled by the lawyer negotiating with the insurance company. The insurance company pays what your case is worth and the case gets settled. But this is not always the situation.
I’ll give you an example. I had a case recently where we had a claim, we made a demand for settlement to the insurance company and they paid a tenth basically or a little less of what we had asked and what we thought was a fair settlement. Then we filed a lawsuit. Lawsuit means we go to the courthouse, file a complaint with the clerk of court, serve the summons on the defendant, attaches the court’s jurisdiction and makes them appear. They then hire a lawyer and now we are dealing through the judge, through the clerk of the court in handling the case.
In the case I’m talking about, after our lawsuit was filed. we took depositions of everyone, went to mediation and we settled the case for almost eight times what they had offered before our lawsuit was filed. It doesn’t always workout this way but this is a perfect example of why we file a lawsuit and how the process works.