CALL/TXT UTAH CAR ACCIDENT LAWYER JAKE GUNTER
TOP 2 DIFFERENCE BETWEEN AN INJURY LAWSUIT AND AN INJURY INSURANCE CLAIM
Being hurt in a Utah car accident suddenly throws you into the great web of insurance. Doing your own Utah car accident injury claim alone is daunting and difficult to understand where and when the end is.
Here are some major differences between an injury insurance claim, versus filing a lawsuit on your injury claim.
(1). Compensation. Often the biggest difference between filing a lawsuit and or just settling your injury insurance claim without a lawsuit is compensation. Most of the time you will get a more fair and reasonable settlement when you file a lawsuit. Without filing a lawsuit the insurance company has little financial risk. When you file a lawsuit suddenly there can be the risk of an excess jury verdict above and beyond the at-fault party’s insurance limits. Excess money judgments can trigger bad faith claims by the judgment debtor insured against their insurer where punitive and general damages may be at stake.
If you don’t have an attorney during the claims process, the insurance company knows that you will not file an effective lawsuit. The insurance company can continue to offer you a lower settlement than had you filed a lawsuit.
If you hire an attorney who the insurance company knows will not file a lawsuit, or may file a lawsuit, but will never take the case to a jury trial—they have little incentive to provide a top settlement value.
(2). Timeline. When you file a lawsuit you are in it for the long run. When you file a lawsuit certain, automatic, timelines set by the Utah Rules of Civil Procedure kick-in. In today’s post COVID trial environment you cannot even get a jury trial setting for nearly two years.
You will get a better settlement when you file a lawsuit, but it will certainly take longer.
HIRE A TRIAL LAWYER.
If you hire an attorney who never takes a case all the way to a jury trial, your chances of a reasonable settlement are diminished. When you hire a trial lawyer who regularly works in car accidents takes cases to jury trial, your chances of a better result are magnified. The insurance company adjusters and insurance defense attorneys know which injury attorneys will try a case and which ones always settle.