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.

Client Testimonials

Star Fire Testimonial
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It is hard to put into words the care and dedication that I received from the Tiemann’s. They have been here for me every step of the way and were always available when I had questions or concerns. My husband and I will be forever grateful for everything they have done for us and our family. Thank you so much for all of the hard work and time you have put into my case, we greatly appreciate it and your friendship. We highly recommend this firm and will always be thankful for everything they have done. Thank you so much again, Kim

Lendzey Garcia
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I was in a very bad/ major car accident I originally had an attorney who wasn’t trying to help me out much or take any of my calls so I called Tiemann and told them my situation. They made it an AWESOME and Smooth transition over to them and took on both cases I had. I just settled on my big case and am beyond great full. For them and their team! I highly recommend them. To add on to this a little On how much they will work with you, I moved to Montana in the middle of all Of this and it was not an issue!

Maye Ly Testimonial
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I just saw my lawyer Jelena Tiemann on a t.v ad, which reminded me how much she helped when I was in a desperate situation. I just love her! That is why I feel a need to tell everyone. I had a situation that happened & didn’t know what to do, our where to go. I didn’t even know if she could help me or if any lawyer could. All I wanted was it to go away & was afraid most lawyers wanted to drag it out & possibly go to court. For one she was very professional but was very personable (maybe b.c she’s a lady). She didn’t make me feel embarrassed or self-conscious that I did something wrong or was the cause of the situation. She immediately said we should try our best before going to court. Let me handle some paperwork, if at the last we do go to court we have documents. She gave me all the details, pros and cons but reassured me she deals with these cases all the time. She came through and made it as painless as possible. I now have my life back.

Jennifer Birdseye Testimonial
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Tiemann Law Firm helped us with an injury case for my nephew. They were very knowledgeable and we are very happy with the service they provided. The entire staff is topnotch!

Elizabeth Ochoa Testimonial
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I chose Tiemann Law Firm to help me after a car accident I was involved in. Throughout the entire process, Moe made sure to keep me updated, he always responded quickly whenever  I had questions about anything. My case won thanks to this law firm and its dedication. My experience with Tiemann Law Firm was amazing! 10/10 recommended.