You are not Suing Your Friend you are Suing Their Insurance Company
Although the media portrays America as a litigious society in which people constantly file lawsuits, quite often the opposite is true. People routinely decide not to pursue legitimate claims for a variety of reasons. Of course those instances do not make the news.
For example, when clients want to discuss a potential case, it is common to hear concerns that they know the person that caused their injuries or damages. They are afraid to pursue their claims because those people are often their friend, neighbor, or acquaintance. They see filing a lawsuit as an antagonistic action and fear damaging the relationship. What they do not realize is that, almost always, they are not actually seeking to get any money from the person they may be suing.
Instead, you are making a claim to that person’s insurance company pursuant to an insurance policy. Many people know that statistically car accidents occur within just a few miles of your house. The same is true for many other personal injuries. It is common for an injury to occur at your neighbor’s or friend’s house. The odds are that if you are hurt, it may have been caused by someone you know or it may have happened on their property.
You may be concerned that bringing a lawsuit against someone you know will lead to an emotional strain on your relationship. You may think that trying to collect for your medical bills will force them into financial ruin. For example, what if you fell while at your sister’s house? Not only are you worried that she may not be able to pay for your injuries, but you may also be nervous that a lawsuit will affect your personal relationship as well.
In our experience, these types of concerns are almost always unfounded. If you are suing a person, they are a part of the suit mainly in name only. It is really their insurance company that you are suing. While the defendant may have to participate in the lawsuit by providing information, the insurance company is the one that will pay for the defendant’s lawyer and for any payment you receive from the case. Because a majority of these types of suits settle out of court, there is very little chance that the defendant would ever even set foot in a courtroom.
This is why insurance exists and also why we buy it—to protect people financially when things go wrong. We have auto insurance, homeowner’s insurance, renter’s insurance and health insurance. We pay for these policies to protect ourselves in case of loss. An important reason to have them is to cover the injuries of others who may become hurt due to our own negligence. By filing a personal injury lawsuit, you have a chance of protecting your life from being ruined financially.
You may come to realize that you often do not really have a choice when it comes to suing for an injury. After the initial injury and doctor visit, you may find your injuries are more extensive and painful than you initially thought. You may have to miss work and/or continue to treat with your doctor or therapist. It is quite possible that you will find yourself in a position where the loss of wages and cost of medical bills are more than you can handle. That is when you need to overcome your anxieties and take action, contact an attorney who can help you.