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Can I recover financial damages without filing suit?

If you get injured in an accident on somebody else's property, you may want to recover financially what you lost, whether that be lost wages from time off of work or compensation for your pain and suffering. But you also may have numerous reasons why you don't want to sue the at-fault driver or property owner.

Perhaps you don't want to be perceived as litigious. Or maybe the negligent property owner is a friend or a close family member. If you intend to remain friends and want to continue to share holiday celebrations together, a lawsuit could throw a cog into a convivial relationship and leave you permanently barred from their home.

Still, the accident or incident left you with medical bills and other related expenses for which you expect to be compensated. What can you do, short of suing?

File a claim for damages

That's the jumping-off point of a lawsuit, but only a small percentage of claims actually result in lawsuits. Most claims get settled before it's time to file suit. There is a timetable involved, however, so make sure that you don't miss any deadlines and let the claim expire.

If your efforts are fruitless and your claim is denied or ignored, you may then need to re-evaluate your decision not to sue the at-fault party.

Speak to your insurance company

Sometimes, you need to make someone else be "the bad guy" when it comes to claims. Your own medical or auto insurance can cover your costs initially and then pursue recovery from the insurance company of the at-fault party. This will get you the assistance you need -- when you need it -- and leave the haggling up to the insurance companies.

Threaten to file a lawsuit

This needs to be done formally in a demand letter that you then send certified (make sure that you keep the signed receipt). Your demand letter should include a description of the circumstances of your accident or incident, the injuries you suffered, the money you've paid out and the other damages that you've incurred as a result.

You also need to state what resolution you are seeking to fix the matter. Few companies or individuals want to face lawsuits, so they may be ready to negotiate.

Should all your settlement efforts fail, a Louisville personal injury attorney can file a suit on your behalf.

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Ewing & Willis
6009 Brownsboro Park Blvd. Suite B
Louisville, KY 40207

Phone: 502-694-7420
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