Categories: Article

When Is A Lawsuit Necessary

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Many cases do not need to be litigated and dragged out in a courtroom. There are some cases
however, where a lawsuit needs to be filed to protect your interests. Insurance companies
know that litigation takes time and can be very costly; they’re betting on this when they make
low-ball settlement offers to each claim that comes their way. When an insurance company
refuses to be reasonable, a lawsuit must be filed in order to keep them accountable. Here are
two examples example of when we had to file a lawsuit in order to protect our clients:

• Example 1 – A few years ago, we represented a client who was T-boned when going
through a green light; the other driver was driving much faster than the posted speed
limit and didn’t stop for the red light, thereby causing massive injuries to our client.
There were no witnesses involved, and a police report came back inconclusive as to
fault. For nearly one year, we tried to reason with the insurance adjusters that our client
had the right of way and that if their driver wasn’t speeding, the collision and our
client’s injuries could have been avoided. Despite this, the adjusters did not budge and
were unwilling to compromise on the numerous settlement demand letters that we
sent. We decided that enough was enough and filed a lawsuit; within 2 weeks, the
insurance company settled our claim for the maximum coverage that was available, and
we pursued our client’s UIM policy for the remainder of their own coverage.

• Example 2 – Our client was rear-ended at a very high rate of speed, causing tens of
thousands of dollars in property damage costs and extensive spine injuries to our client.
The insurance company told us that they didn’t think our client was really hurt and that
despite paying for his car repairs, they would not be paying a single dollar for our client’s
bodily injuries and pain and suffering. Seeing that they were being unreasonable, we
immediately filed a lawsuit; again, within weeks we were able to recover the maximum
policy limits that were available just by filing our lawsuit.