Do I Have To Sue?

November 13, 2017 | By Nicolette R. Nicoletti
Do I Have To Sue?

Many potential clients ask personal injury lawyers if they have to file a lawsuit in order to be compensated for the negligence of another. Many people see a legal show on TV that always shows a lawyer in court and may believe they themselves always have to go to court to get properly compensated. Although it may not seem like a complete answer, the only answer that we can provide is “not always, but sometimes.”

The process of representation first starts with a consultation. At the Nicoletti Law Firm, we provide a FREE consultation. During the consultation, an attorney will review your case with you and go over all aspects letting you know the stronger points, and maybe the not so strong points. Although we cannot guarantee a result, we can give you a general idea as to the course your claim may take and what our firm will do for you throughout our representation. If you decide to hire our firm, you will then sign a retainer agreement, also known as a fee agreement. A retainer agreement is basically a contract and defines what can be expected from our firm and what reasonable compensation we will receive. At the Nicoletti Law Firm, we only collect an attorney's fee when we win for you.

From there, we enter the pre-suit, or pre-litigation phase, of your claim. You begin treatment with a doctor of your choosing. Tests will be ran to determine your injuries and you will work with your doctor to determine the best method of treatment to get you back to feeling better once again. That is the most important thing. We want to do our best to make sure you are getting the treatment you deserve so you can get back to the position you were in before the accident.

After you have concluded treatment, our firm will gather all evidence including but not limited to photos, statements, medical records and bills, and will construct a demand package. A demand package outlines your injuries and expenses in addition to your pain and suffering, and “demands” a certain amount of monetary compensation from the insurance company in order to make you whole once more. The monetary demand amount can be based on a variety of factors including extent of injuries, length of treatment, type of treatment, percentage of fault, amount of expenses and costs, and insurance policy limits.

If the insurance company can provide a monetary amount that you feel properly compensates you for everything that you have been through, then an agreement will be reached. This is also known as a pre-suit settlement. If an amount cannot be reached, or the insurance company is not being reasonable, our firm will then file a lawsuit based on bad faith. Bad Faith Litigation is more thoroughly defined here, but it essentially means that an insurance company is refusing to pay a legitimate claim and our firm must sue on your behalf in order to recover the amount that you really deserve. Personal injury lawsuits may be filed for other reasons but typically bad faith is the most common reason.

Throughout our history, we have settled hundreds of cases without filing a lawsuit. (See Here.) However, we have successfully litigated multiple cases for our clients as well. Although it may be necessary sometimes, that is completely up to you. Our attorneys will be there with you and will guide you every step of the way, but we know that this is your case and the decision to litigate is up to you. If you have been injured in an accident, call us today at (727) 845-5972 to set up an appointment. We would be delighted to go over your claim with you at no cost!

Nicolette R. Nicoletti Author Image

Nicolette R. Nicoletti

Managing Partner

Nicolette R. Nicoletti is the founder and managing partner of the Nicoletti Accident Injury Lawyers. She was born and raised in New Port Richey, Florida.  Nicolette attended Genesis Preparatory School and graduated salutatorian of her class.  She then went onto Saint Leo University for her undergraduate education. She graduated magna cum laude from the Honors Program with a Bachelor’s degree in Political Science.  While at Saint Leo University, Nicolette was President of Pi Sigma Alpha (Political Science Honor Society), Secretary of Alpha Phi Sigma (Criminal Justice Honor Society), and an active member of Delta Epsilon Sigma (National Scholastic Honor Society).

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