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When do you file suit?

Whenever it helps my client.

I don’t like lawsuits if I can get a fair deal some other way. They are slow and expensive. If you can live with what the insurance or the trucking company will pay you without a lawsuit, you are usually better off.


  • You know that the   lawsuit will scare the other side, because facts harmful to the other side will come out.  Or there is a real chance of a very large verdict.
  • It is clear that the other side will not pay a fair settlement without filing suit.

A few years ago, I had a client with very significant injuries.  I got copies of all the medical records, hired an accident  reconstructionist, paid a videographer to make a settlement video, wrote a five page description of my client’s problems, and sent pictures to the insurance company for the truck that hit him.

There was no response. For months.

Finally, I concluded that they needed something to make them think about it. I filed suit.  Within three months, we saw the judge, scheduled a mediation and settled the case. My client was happy.

Why did I have to file suit?  Because they were going to delay making hard decisions until they had a timetable for the trial.

But there have been other times where I delayed filing suit, because I knew I could get another set of eyes inside the insurance company to look at the lawsuit.  And it worked.  I got a good adjuster, and we settled the case.

Why didn’t I file suit?  I wanted to keep the case away from the courts and the lawyers. And as I said, I knew I could get someone smart inside the company to take a look at the case.

I have been a lawyer over 30 years. I’ve filed lots of lawsuits.  And I haven’t filed even more.  Every one is a judgment call.

If you’re worried about whether you will have to sue the insurance or the truck company, give me, a Cincinnati truck accident lawyer, a call.  My phone is 513-621-4775.

Because all situations are different, and because there may be other facts pertaining to your case that I don’t know about, you should not rely on this answer for legal advice. I am not your attorney, and no lawyer client relationship has been formed.  All discussions are limited to Ohio law unless otherwise indicated.  And past performance cannot be used to predict future results.

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