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Posted in Personal Injury on November 1, 2022   |  by Gary Burger

When to File a Personal Injury Lawsuit

When to File a Personal Injury Lawsuit. When you're injured due to someone else's negligence, you deserve maximum compensation. Not 80 percent or 50 percent compensation, but 100 percent compensation for your injuries. Ideally, an insurance company would offer you a fair financial recovery promptly after your accident, or even after a few back-and-forths. But too often, rule breakers try to avoid responsibility, and insurance adjusters do everything they can to devalue your claim. When that happens, your only recourse may be to file a personal injury lawsuit. If you were injured and are having trouble getting the full compensation you deserve, speak to a personal injury lawyer today at (314) 500-HURT or contact us online. Based in St. Louis and Chicago, Burger Law serves the injured throughout Missouri and Illinois.

If you were injured in Missouri or Illinois because someone else broke the rules, see how much your claim may be worth by using our free personal injury calculator.

Should I File a Lawsuit for My Injuries?

Most injury claims are handled out of court between the injured party, their attorney and the liable party and/or their insurance company. Filing a lawsuit in civil court official begins the process of your claim going to trial. While negotiating a settlement is still possible after filing suit, it's not the first approach you should take to being compensated for your injuries. Negotiating and attending mediation is preferable if it results in a fair settlement, because it gets money in your pocket sooner and doesn't carry the stress of a trial. However, there are some cases where filing a lawsuit may be your only option. Below are the top 4:

  1. The insurance company denied your claim — If an insurance company denied your claim, that means that they refuse to accept that their policyholder did not cause your injuries. If you know for a fact that they did and the insurance flat out denies your claim, then you'll need to file a lawsuit to proceed further.
  2. The insurance company refuses to offer a fair settlement — Even if they don't deny your claim, an insurance adjuster will use a lot of tricks to devalue our claim. They may say most of your injuries were preexisting, they don't have to pay for lost wages if you had paid time off available or that your medical provider charged too much. A little back-and-forth between an attorney and insurance adjuster is normal, but if they don't change their position over time, a lawsuit may be the only thing to get them to wake up and be fair.
  3. Liability is disputed — Liability is the key part of any injury claim. Sometimes, the other side refuses to accept liability and a trier of fact will have to decide who bears fault for your injuries. In some more complicated types of cases, such as medical malpractice or product liability claims, deciphering liability can be difficult, or the damages can be so high that the liable party may just prefer to take their chances in court. In those cases, a jury may be needed to cipher through the facts of the case and apply the laws as the judge instructs them to.
  4. Your damages exceed the liable party's policy limits If fair compensation is more than what the insurance company is liable for, there are a few legal remedies to seek more. One is to file a lawsuit against the liable party themselves, for example, a negligent driver, instead of their insurance company, for the rest of the damages. This method isn't always the best idea, as the liable party may not have the money or assets to repay you.

At Burger Law, we insist on full compensation for your injuries, and sometimes that means filing suit and pursuing litigation. We do depositions every day, we’re in court every day and we try cases regularly. A lot of times, the threat of a lawsuit and lengthy trial is enough to get an insurance company and finally be fair. We've settled many cases only a day or two before a trial starts.

Missouri and Illinois Trial Attorneys | Burger Law

Nobody wants to go through the stress of a lengthy trial, but you need to be fairly compensated for your injuries. Burger Law always insists on the maximum financial recovery for our Missouri and Illinois clients. We are more aggressive than most law firms when it comes to filing lawsuits; we want the insurance company to know we won't take no for an answer. If you don't already have an attorney on your case, call Burger Law now to see if filing a lawsuit is the best way to proceed getting compensation. Call us today at (314) 500-HURT or fill out our online form.