In this video I’m going to address why oftentimes our clients have to, we’re either want to file a personal injury lawsuit related to their injuries from the auto accident or a trip and fall. When a case comes into the office. It doesn’t immediately go into lawsuit. What we do is we help our clients through the medical process and them getting treatment for their injuries. This helps establish the value of the claim. Then we make a claim with the insurance company and hopefully resolve it at that point without having to file a lawsuit. We call this pre suit or during the claims process if we are unable to reach a resolution during the claims process or during presumes that it’s recommended did our clients to consider filing a lawsuit. Some of the issues and barriers that occur during pre suit that eventually lead us to file a lawsuit include, uh, issues with liability and issues with causation, liability issues, uh, involve who’s at fault.
So if there’s a question about whether or not someone’s at fault or not, that may cause a case to not have a as high of a value as necessary during pre suit to allow a settlement and oftentimes those adjusters that are handling those claims will devalue the case on the liability issue. Uh, in these cases, we oftentimes have to file a lawsuit to recover the amounts that are lawfully and rightfully our clients. The other issue during pre suit that oftentimes causes cases to go into suit our causation issues. What does that mean? Well, causation issues relate to whether or not the accident and an auto accident or the trip and fall, slip and fall on a premises liability type case caused the injuries that we are claiming. And the easiest way to understand this is if there is a suggestion that there is a preexisting injury before the accident and before the trip and fall.
Now the insurance company thinks, uh, was there before the incident. Then they will argue the causation component and that again will, they will devalue the claim. Another way they go after causation and especially in auto accidents are low speed collisions because we have a low speed collision and people are injured as a result of lesbian collisions. The science backs that medicine backs, but oftentimes the insurance companies don’t want to believe that low speed collisions can cause damages, and so what they do is, again, they devalue the the case and we are forced into filing a lawsuit. Obviously, it is our client’s decision, ultimate decision as to whether or not to file a lawsuit, but those are just some examples why sometimes cases have to get put into suit where a client wants to ultimately file a suit. Hope this outlines a little bit about how a case in personal injury type law gets into a lawsuit.
*The above has been transcribed by a third party service and has not been checked for accuracy.
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St. Petersburg Personal Injury Attorneys McQuaid & Douglas are committed to helping their clients achieve the best possible outcome. If you or a loved one has suffered a personal injury due to someone else’s negligence, don’t hesitate, contact us today at (727) 381-2300. We are open 24/7 and you will be speaking with an attorney.
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