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Home > Accident Attorney > INJURY INSURANCE CLAIM VS. ACCIDENT LAWSUIT

Written by Jelena Tiemann and Peter B. Tiemann

Last Updated : June 27, 2022
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Posted on Friday, February 3rd, 2017 at 2:08 am    

Sometimes personal injury accident victims become confused when we talk about filing an injury insurance claim versus an accident lawsuit. They don’t understand why we begin with an insurance claim rather than file a lawsuit. However, there are good reasons why we begin with an injury insurance claim instead of jumping into an accident lawsuit.

Filing an Injury Insurance Claim

After an accident, we usually begin by filing an accident claim with the insurance company for the other party. A claim is a formal notice to the insurance company that you are claiming damages from the accident and that you are alleging the other party is liable for those damages. For example, if another driver turned left in front of you causing a collision, we would file an injury claim with the other driver’s insurance company.

Even though we are not filing a lawsuit, we treat the claim as if we are preparing for a lawsuit. Our Sacramento accident attorneys investigate the case to gather and preserve evidence we can use to establish fault and liability. We do this for several reasons. One, we want to present a strong claim, and we want to be prepared in the event we must file a lawsuit.

We begin by filing a claim because this choice is usually the most efficient, timely, and cost-effective method of settling an accident claim for our client. Most claims are settled out of court by filing an injury insurance claim. Unfortunately, there are cases in which we advise our clients to file an accident lawsuit.

Filing an Accident Lawsuit

If the at-fault party’s insurance company refuses to negotiate in a fair manner or completely denies liability, we will advise you to file an accident lawsuit. Because California law limits the time for you to file an accident lawsuit, we carefully monitor the time limits to ensure we file the lawsuit before the deadline if the insurance company is dragging its feet. Sometimes, we must file an accident lawsuit to preserve your right to pursue a claim even though we are close to a settlement because the deadline to file a lawsuit is very close.

By filing a lawsuit, we can conduct discovery to obtain additional evidence from the other party. The discovery phase of the lawsuit may include taking depositions, requesting records, submitting interrogatories (questions), and filing a request for admission. Many accident lawsuits never make to trial. After the discovery phase, we are able to reach an agreement with the other party without the necessity of going to trial.

Protect Your Rights by Hiring a Sacramento Personal Injury Attorney

Whether your case is resolved by filing an injury insurance claim or we must file an accident lawsuit, our Sacramento personal injury attorneys have the experience you want on your side. Our attorneys are skilled and talented negotiators in addition to experienced and effective trial attorneys. Let us fight for you right to receive full compensation for your injuries, losses, and damages.

Call the Tiemann Law Firm at (916) 999-9000 to schedule a free consultation and no-obligation case evaluation with one of our attorneys. Don’t wait too long to contact an attorney because your time to file a claim is limited.

Categories: Accident Attorney, Accident Injury, Attorney At Law

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Dawniel Ewing Testimonial
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I have nothing but great things to say about this firm. They have been extremely helpful and professional when dealing with my case. Anytime I needed anything or wanted to be updated they responded immediately. They made me feel like they cared. Highly recommend them!

Michael T. Testimonial
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I sat down and met with Jelena Tiemann about my vehicle accident.I presented all of my documentation to her in which she gave me her assessment.Although the Tiemann Law Firm wont be representing me because my settlement offer was pretty good she was very clear,forward and professional about what she felt could and couldn't be done.I recommend this law firm to anyone who needs a helping hand at fighting a case where you don't have to worry about the outcome not going in your favor. Please don't review this business if you received a freebie for writing this review, or if you're connected in any way to the owner or employees.

Herb T. Testimonial
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The Tiemanns were referred to me by a friend and I am exceptionally happy with the service I received. I had never been in an accident before. I had no idea what to do. Jelena verbally explained how everything would work to me, and she and Peter handled everything. I didn't have to lift a finger once. They went above and beyond for me and I am extremely grateful. I pray I won't ever need this type of assistance again, but I will definitely be referring them to friends and family.

Jennifer T. Testimonial
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I highly recommend The Tiemann Law Firm! I had never before been in a situation where I sustained injury and had to seek legal representation. I was nervous, traumatized, and had no idea what to expect. Jelena, Peter, and their staff walked me through each step of the process. They explained everything in detail. They patiently answered all my questions, responded quickly to every email, text message, phone call, etc. I felt totally prepared for each new phase of the legal process. Furthermore, they were fearless in their defense of me. In certain situations, when I felt attacked or scared my attorney protected me like I was family. Their diligence, honesty, integrity, and compassion provided a true sense of healing and closure for my family and I. The Tiemann Law Firm accomplished more for me than I ever thought possible and I am forever grateful.

S.B. Testimonial
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Here's the thing... Nobody really thinks much about lawyers until they need one.  Well, we needed one!  The Tieman Law Firm came through for us in a big way. They were professional, courteous, thorough, and had excellent staff as well.  Highly recommended...