When Does an Attorney Decide to Litigate?

lawsuit Blackburn & Green - October 2, 2015

When Does an Attorney Decide to Litigate?In a personal injury case, you have several options to seek compensation for your losses. You can file a claim with an insurance company or, you, as the injured plaintiff, can take the matter to court by filing a lawsuit against the liable party, the defendant. This is called litigation. Many personal injury claims will settle before filing a lawsuit. Litigation is often a last resort after you’ve failed to reach a settlement with the insurance company. A personal injury attorney may choose to enter into litigation if their attempts at settlement directly with the insurance company have been unsuccessful or, in some cases, if there is a liability dispute. An attorney may also choose to enter into litigation if the plaintiff’s case is nearing the statute of limitations. The statute of limitations in Indiana for personal injury cases is two years from the date of the injury or accident or the date when the injury was discovered. After reaching the statute of limitations, an injured plaintiff no longer has the right to file suit against a liable party unless the statute is tolled (paused) because the plaintiff is a minor or an adult with certain disabilities. Understandably, personal injury attorneys will sometimes file suit while still in settlement negotiations in order to toll, or pause, the statute of limitations from running out.

If you have been injured or have been in an accident, it is highly advisable you consult with an experienced Indiana personal injury attorney as soon as you can. Keep in mind you only have two years from the date of your injury to file a lawsuit against the liable party unless you qualify to have the statute tolled (paused.) While you can attempt settlement with the insurance company directly, it is good to know what your options are in case settlement cannot be reached. Once you have entered into litigation, you still have the option to settle before reaching trial. In fact, most cases settle before reaching trial. Sometimes, an insurance company will be more motivated to settle your case once you file suit, as a lawsuit will cost the company more time and money. In any case, litigation is usually a strategic move used to keep your case in an advantageous position. An experienced attorney will know when litigation can work in your favor and when it is best to continue settlement negotiations with the insurance company.


At Blackburn & Green, we are experienced in personal injury law and can fight for you in court while you focus on recovering. Our personal injury attorneys will do everything it takes to prove liability and obtain full and fair compensation for your damages. Our experienced legal professionals offer free initial consultations at one of our office locations or at your home or hospital room. Call (800) 444-1112 or (260) 422-4400 to be connected with one of our 25 convenient office locations across Indiana or fill out our online form to schedule a free consultation. Contact Blackburn & Green for knowledgeable and caring legal counsel on your personal injury case today.


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