What does it mean to “file suit,” and why do we do it?

Nursing Home Abuse


Quite simply, filing suit means to file a lawsuit. Or, in other words, to file a document, called a Complaint for Damages, with the Court that requests damages be paid by the defendant for the defendant’s negligent conduct.

From a 40,000 foot view, a person is obligated to conduct themselves in a reasonably prudent manner. When someone breaches this standard of care, and as a result, injures someone, then that person is obligated to compensate the injured victim for the damages. That is called negligence, and is the basis for the area of law called “personal injury.”

Both people and businesses make mistakes. They are sometimes negligent. That is why most drivers, homeowners, and businesses maintain liability insurance. Liability insurance is the type of insurance that covers persons who have caused bodily injury to another due to negligence.

Personal injury attorneys, representing the injured person, will negotiate the value of a claim with the negligent party’s insurance company. Almost all personal injury lawyers work off of a contingency, meaning they make a percentage of the overall settlement or verdict and nothing if there is no recovery. This means that they will attempt to negotiate the maximum value of the claim possible. The at-fault party’s insurance company will obviously attempt to pay out as little as possible.

Most personal injury claims are settled as a result of this negotiation. However, depending on the insurance company, or the facts of the particular injury, a settlement cannot be reached. When this happens, the injured person’s only option will be to file a lawsuit and take their case to trial. This decision should not be made lightly, as personal injury cases can be complicated and not easily won.

If you or a loved one have been injured in a car or truck accident, and you are not sure whether filing a lawsuit is right for you, then please feel free to call and speak to one of our experienced Atlanta personal injury lawyer today.