Q: When is the most precise, strategic time to act and to file a lawsuit in my personal injury, wrongful death and accident case?
Answer: There is no one-size-fits-all answer here. It depends on the details of your personal injury, wrongful death and accident case, the tactical moves that the insurance company makes, and many other factors.
Although each personal injury, wrongful death and accident case is different in this regard, an experienced personal injury lawyer, wrongful death lawyer and accident trial lawyer law firm will know how to time the case. In some cases, you may want to file a lawsuit and sue immediately to catch Goliath off guard. In other cases, you may want to take your time and do a lot of legal spadework and research before taking action. In yet other cases, it is worthwhile to change up your timing as you go along. Although your lawyer will advise you, ultimately the decision to act (or not) is yours to make.
We have handled many personal injury, wrongful death and accident cases over the years where the liability is clear. In other words, there is no dispute over who is at fault in the automobile wreck. The automobile insurance company accepts liability from the very beginning, and the only question is the amount of the personal injuries and damages. In many of these cases, you are dealing with emergency room bills, radiology bills, physician bills, doctor visits, physical therapy, chiropractic treatment, counseling and lost wages. Most of the time, we are able to gather everything; demonstrate to the insurance company the liability, injuries and damages; and settle without filing a lawsuit in these cases.
However, there are times in those personal injury, wrongful death and accident cases when, for whatever reason, the insurance company will not offer the right amount to settle the case until a lawsuit is filed. There are also times when even after that process, they will not offer the right amount and you actually have to take the case to trial. There are other cases such as commercial truck wreck cases, wherein there are typically great personal injuries and damages and a substantial amount of insurance coverage at stake. I those cases, a lawsuit generally needs to be filed immediately in an effort to and in order to utilize the subpoena and discovery power of the circuit court to protect and preserve evidence to build a case to prove the liability, personal injuries and damages, overcome defenses, address unsafe conditions, facilitate healing and maximize the recovery. Before making that decision, the facts need to be evaluated and discussed and a decision needs to be made under the advisement of your personal injury lawyer, wrongful death lawyer and accident trial lawyer law firm.
Aaron Gartlan is a graduate of Troy University and the Thomas Goode Jones School of Law who focuses his practice exclusively on representing those injured by the wrongdoing of others. He is member of the National Trial Lawyers Association’s Top 100 Trial Lawyers, Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum. In addition to his legal practice, Aaron teaches Business Law as an adjunct instructor at Troy University’s Sorrell College of Business and serves as a field artillery sergeant in the Alabama National Guard.