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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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Client Testimonials

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...

Jereme S. Testimonial
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No one wants to have to hire a lawyer, but if you do. I prefer Tiemann Law. They helped a family member who was injured on the job, and the company did not want to compensate him even though, the injury occurred on the job on company time. Jelena was always professional in explaining the lengthy process of fighting a large corporation. 2 years later he finally is receiving the deserved compensation.

Hanna Padilla Testimonial
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From the very start of my case the Tiemann Law Firm was wonderful. Perter came all the way to my home to sit down and talk to me about my options. He made me and my partner feel very comfortable and promised us he would take the very best care of my case. Peter kept me informed every step of the way and was always on top of things. everything was done in a timely manor and I always felt like I was the only case he was working on because he was so fast. In the end Peter got me back way more money than I ever expected. I would recommend this law firm to everyone. I am very happy with the outcome of my case thanks to the Tiemann Law Firm! Thank you!

Matt H. Testimonial
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I was in a car accident a while back where I was injured and had to miss work for an extended period of time.  After nearly a year of fighting with the insurance company with no results and no progress, I met with Jelena Tiemann.  I couldn't have asked for a more responsive and supportive advocate.  We quickly reached a settlement and I finally was able to move from the stress and burden of feuding with my insurance.  I highly recommending meeting with Jelena if you're in need of a lawyer.