The question that my clients have is when do you file your lawsuit . Simple accident cases can be handled out of court in most cases if they do not involve All State Insurance Company . Once you gather all the facts , medical bills , and lost wage information , we can send a settlement demand to the insurance company . Wrongful Death Cases should be filed immediately in most cases . The reason is to gather evidence and prevent a loss or destruction of the defendants information . Any case involving catastrophic injuries whether liability is clear or not should be filed as soon as possible . Also , unusal cases should be filed promptly as well . I have found these cases are hard to settle with the average insurance adjuster . Dog bite cases , boating accidents , sporting accidents and strange accidents fall in this category.
Complex cases like medical malpractice cases or product liabilty cases should be investigated prior to filing suit . I would not notify the defendant prior to filing suit , but would begin our pre-filing research . Gather your facts , finding your experts , and obtaining your medical reports are important to getting a head start on your opponent . These cases usually do not settle until a suit is filed , I just want to get a head start on them .