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Am I Required to Go to Court to Sue for Damages? 

In most cases, you do not need to file a personal injury lawsuit to recover the settlement you deserve. 

Being injured in an accident, such as a slip and fall or a car accident, can be scary. Equally as frustrating as being involved in the accident itself is figuring out how to file a claim and recover a fair settlement. One frequently asked question that our lawyers at the office of Bednarz Law hear is in regards to the need for litigation—many clients want to know whether they are required to file a lawsuit in court against a defendant in a personal injury claim in order to recover damages. Here is what you need to know about going to court to sue for damages and how our Nashville personal injury lawyers can help—

The Claims Process After an Injury

After a person is involved in an accident and suffers an injury that they believe was caused by the negligence of another party, the claims process is usually kick-started by notifying insurance companies, hiring lawyers, and then beginning the investigation process. During an investigation, the claimant’s lawyer will gather evidence, talk to witnesses, and start to build a case that proves that the claimant’s injuries would not have happened but for the other party’s negligence. The attorney will also calculate the value of the claimant’s damages.

Once the investigatory process is complete and the attorney for the claimant knows (and has evidence to prove it) how the accident occurred and the value of damages, the next step is issuing ademand letter. A demand letter is a letter sent to the insurance company of the at-fault party that outlines its client’s fault and demands a settlement.

This is where things get tricky. After the demand letter is issued, the insurance company will counter with a settlement offer. If the settlement offer is too low, the claimant can negotiate for a larger amount. If a settlement cannot be reached between the two parties, the claimant maintains the right to file a lawsuit and bring the case to court.

Filing a Personal Injury Lawsuit in Nashville

Most claims settle out of court and filing a lawsuit is not necessary; if it is, you will need an attorney on your side with trial experience. The first thing to know about the litigation process is the statute of limitations. Under Tennessee Civil Code 28-3-104, a claimant only has two years from the date of their injury to file a lawsuit; if you miss this two-year deadline, your right to sue is forfeited. 

While filing a lawsuit may yield a large jury award, it is not guaranteed. What is more, the litigation process will likely drag your case on for many more months. 

Get Help from an Experienced Nashville Personal Injury Lawyer

At the office of Bednarz Law, our Nashville personal injury lawyers will help you to understand your rights, recover the settlement you deserve, and avoid having to sue the at-fault party to recover a lawsuit. If litigation is necessary, you can count on our team to provide you with the dedicated support you deserve. Call us directly today to learn more about how our Nashville personal injury lawyers can help. We offer free consultations.