A lawsuit is different than a claim only in a couple of regards. One of those regards is that it becomes official that at some point, there will be a conclusion to a claim. A lawsuit must end either in a victory for an injured person or a denial victory for the defendant. A claim can stay open forever. As long as both parties are agreeing to talk about it forever, the injured person and the insurance company can talk indefinitely but a lawsuit must have a beginning and an end.
Indiana law requires that all injured persons bring a lawsuit within two years of the date of the injury or the claim is forever lost. Consequently, bringing a lawsuit is typically a good idea when negotiations between yourself and the insurance company’s adjuster break down. Over 90 percent of slip and falls result in a lawsuit being filed. Once a lawsuit has been filed, you will give a recorded statement at a deposition. If you are going to give a recorded statement anyway, it makes good sense to have an attorney with you to prepare you for the questions.
Many people might feel that the insurance company is going to deny their claim if they do not cooperate, so they might start the process by start giving a recorded statement. When the insurance company calls you, you should politely thank them for their call and inform them that you will call them back when you are farther along in the healing process.
If the injured person believes that giving a recorded statement is advisable, we recommend that the recorded statement is in writing. Writing gives you an opportunity to reflect upon what happened fully and you can give more full answers. Also, people who have had the opportunity to give a written statement, rather than an oral statement, will have a better chance to fully remember what happened.
Over 90 percent of slip and fall accidents result in the filing of a lawsuit, as opposed to a car crash, which typically will result in a settlement prior to the filing of a lawsuit. This is because most insurance companies will deny slip and fall claims. Auto accidents are usually investigated by people with special skills or knowledge, such as police officers or an Accident Reconstructionist. Those individuals will often produce a written report called an Indiana crash report. Within this report, the investigative officers or investigating people will determine who is at fault in this automobile crash.
For more information on the Difference Between A Lawsuit And A Claim, a free consultation is your next best step.
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