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Why And When We Sue


Hi, I’m Jon Ostroff. Thanks for visiting ostrofflaw.com. You’ve clicked on the question about why and when we sue. I think the answer is really pretty straightforward.

Let me start by just taking two words and defining two words very clearly: Lawsuit and claim. If you have an injury claim, you’ve been injured and it’s someone else’s fault. That’s when we get called. If we can settle your case without suing, that’s great for you. You get your recovery earlier, quicker and you don’t have to incur the cost of a lawsuit, which can take more time, but sometimes it’s worth it. In fact, oftentimes it’s worth it.

If the insurance company isn’t willing to fairly compensate you we’ll tell you that. We’ll tell you that we think we need to sue and that’s when your lawsuit begins, when we know that the other side won’t fairly compensate you without being sued. Or sometimes, in more catastrophic claims, we do need to sue early, start the lawsuit early so we can gather evidence that the other side may not wanna give us before it’s destroyed or we lose the ability to get it and that’s not the same as being destroyed. A truck may be modified and we’re unable to prove how fast it was going in a crash and that’s an important part of the accident investigation. So a lawsuit is once you’ve sued the other person or party or company. A claim is when you’ve been injured by someone at fault and it doesn’t become a lawsuit until the claim can’t be fairly settled. I hope that answers your questions. Thanks.

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