Does Every Injury Claim Result in a Lawsuit

I’m Katelyn Holub, an attorney focusing on personal injury law in northwest Indiana.

Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics.

Today’s question comes from a caller involved in a car crash. From his description of what happened, it appeared pretty clear that it was the other driver’s fault. He wanted to see if he could get compensation but didn’t want to file a lawsuit.

This is a fairly common call. Most people are reluctant to file a lawsuit. Still, they need to seek fair compensation for their injuries.

A relatively large percentage of claims resolve without the necessity of filing a lawsuit. That percentage varies based on the type of case.

For example, where the injuries suffered were the consequence of an automobile crash, the likelihood of resolving the injury claim without a lawsuit is reasonably high if the damage is self-evident and the fault is readily apparent.

You might be asking yourself, why would a legal claim likely settle without the necessity of a lawsuit in such a situation?

For the most part, lawsuits can be likened to high stakes wagering.

If an insurance company is dealt a losing hand, where the injured party’s ability to prove the injury is clear and the insurance carrier for the other driver’s ability to defend the case is very limited, because the fault of that insured driver is clear, then there’s not a sound basis for the insurance company to wager that it can win at trial.

Consequently, the claim will be resolved once the facts are established to the insurance carrier’s satisfaction to convince it that it ought to pay out the claim.

How does this work in practical terms?

Well, if the at-fault driver runs a red light and solid witnesses are pointing to that driver as running the red light, there’s not much you can do to defend the driver who ran the red light. In a case like that, an insurance company might even have its driver admit fault.

Imagine if you are involved in a crash and break your leg. X-rays show that you broke a leg. Imagine that the emergency personnel on the scene saw your leg broken and had to help you get into the ambulance. There is simply not much an insurance company can do in that case to claim that you didn’t break your leg at the crash.

Nobody wants to consider litigation to be a form of gambling, but in a way, it is.

In every instance, the parties assess the odds of their ability to win on the issue of fault and to convince a jury as to their view of the nature and extent of the injury alleged.

If each side makes similar assessments a case will settle.

I hope you found this information helpful. If you are a victim of someone’s carelessness, substandard medical care, a product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there, make sure you request a copy of our book “Fighting for Truth.”