When is a Lawsuit Necessary?

While many personal injury claims are settled without filing a lawsuit, there are certain situations where initiating a lawsuit might become necessary. Here are some common scenarios:

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Dispute Over Fault:

f the party you believe caused your injuries denies liability or if their insurance company refuses to accept that their insured was at fault, a lawsuit may be necessary to officially determine who was responsible for the accident.

Dispute Over Damages:

Even if the other party admits fault, you might still have to file a lawsuit if there’s a disagreement over the amount of damages. This can occur if the at-fault party’s insurance company believes that your medical expenses, lost wages, pain and suffering, or other damages are less than what you’re claiming.

Unsatisfactory Settlement Offer:

If the at-fault party’s insurance company makes a settlement offer that is too low and refuses to negotiate further, you may need to file a lawsuit to try and recover more compensation.

Denial of Insurance Claim:

If your claim is denied by the at-fault party’s insurance company, a lawsuit may be your only recourse to seek compensation for your injuries.

Statute of Limitations:

Each state has a statute of limitations that sets a deadline for filing a personal injury lawsuit. If the negotiations are taking too long and the statute of limitations deadline is approaching, you might have to file a lawsuit to preserve your claim.

Complex Cases:

In some cases, the nature of the injury, the circumstances of the accident, or the involvement of multiple parties can make a claim too complex to resolve without litigation.

Keep in mind that the decision to file a lawsuit should not be taken lightly. Lawsuits can be lengthy, costly, and stressful. It’s recommended to consult with an attorney who specializes in personal injury law to help you decide the best course of action for your specific situation.

Written By:
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Nathan Whittenburg

Owner & Attorney - Atlanta Personal Injury Law Firm

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About Atlanta Personal Injury Law Firm

Atlanta Personal Injury Law Firm specializes in personal injury cases across Georgia, including motor vehicle accidents, premises liability, catastrophic injuries, and wrongful death claims. Our experienced Georgia injury attorney works on a contingency fee basis, ensuring you only pay legal fees once we secure your settlement or verdict.

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Do You
Have A Case?

Our firm specializes in personal injury cases across the state of Georgia, working on a contingency fee basis to ensure the best possible service for each client.

Click below to get a free, instant case evaluation and find out if you qualify for legal action immediately.

Would you like our help?

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