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  1. #1
    Join Date
    Sep 2008
    Posts
    2

    Unhappy Will a Lawyer Always File a Lawsuit

    My question involves an injury that occurred in the state of: WI

    When a personal injury lawyer is 'hired' is it automatically assumed a lawsuit will be filed? I was sure that our lawyer told us that he'd first try to reach a settlement without filing. Two months later, with no contact in between, we received noticed that 'it was necessary' to file a lawsuit.

    Also, if there is more than one person who was injured, is a separate lawsuit filed for each person - meaning a separate fee for each lawsuit? Is it possible to file a lawsuit for only one or some of the injured parties? (For example, if one person was not badly injured, and it would cost more in fees than would be recovered.)

    Thanks for any info. This stuff has been weighing on me for a long time, but I didn't know who to ask (since I don't trust our lawyer, but don't want to anger him).

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,431

    Default Re: Will a Lawyer Always File a Lawsuit

    Lawyers often try to negotiate settlements without filing a lawsuit. This is easiest where damages are significant (at or above policy limits), liability is clear, and there's no real dispute as to the medical evidence.

    Where multiple potential defendants are involved in a single accident, normally there would be a single lawsuit naming all defendants. There are circumstances where this might vary, such as if one of the entities is a government agency that must be sued in a court of claims.

  3. #3
    Join Date
    Sep 2008
    Posts
    2

    Default Re: Will a Lawyer Always File a Lawsuit

    Thanks, aaron.

    It's good to know that I didn't imagine that he said that, and that I have the right to feel angry and misled about the whole thing. But it stinks that I can't trust my own lawyer.

  4. #4
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,241

    Default Re: Will a Lawyer Always File a Lawsuit

    How do you know your lawyer didn't try to reach a settlement during those 2 months you didn't hear from him before he said a lawsuit must be filed? He said he would *try* to reach a settlement first.
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