They say that life changes without warning. And in that moment, between impact and aftermath, most people aren’t thinking about lawsuits. They’re thinking, “Am I okay?” and then, very quickly, “What happens now?”

However, somewhere along the way — maybe it’s the insurance forms, or the medical bills, or the well-meaning friend who says, “You should sue them” — it starts to feel like you’ve been dropped into a courtroom drama you never signed up for.

And that’s where the misunderstanding begins. Most people think getting hurt means you’re now part of “the system.” But what if we told you… that’s not actually how it works?

Believe it or not, most of the time you don’t even have to sue. But to understand why, we need to start at the very beginning…

1) Claims Process is Not a Lawsuit, Just Step One

Let’s break this down, filing a claim is not the same thing as filing a lawsuit. You’re not dragging someone to court just because you opened a case. What you're really doing is starting a conversation — a formal one, sure, but a conversation nonetheless.

When you file a claim, you’re asking for help covering your medical bills, your missed work, and your pain. You’re saying, “Hey, this happened, and it wasn’t my fault. Let’s talk about making it right.” That’s very different from accusing someone in a courtroom.

In fact, most personal injury cases never make it to a courtroom. We handle things in what’s called the pre-suit stage — before a lawsuit is even filed. During this phase, we gather your medical records, calculate your damages, and send it all to the insurance company with a demand for a fair settlement.

“Around 95% of personal injury claims are resolved before they ever go to court.”

— U.S. Department of Justice

The first step is just getting your story in front of the right people and seeing if we can resolve it the straightforward way. And more often than not, we can.

2) “But I Don’t Want to Sue My Landlord (or That Nice Old Lady)”

We hear this more often than you’d think — someone gets hurt, they know they need help, but there’s this hesitation. “I don’t want to sue my landlord.” Or, “She was just an old lady who made a mistake.” And hey, we get it. No one wants to feel like they’re attacking someone they know, or someone who didn’t mean to cause harm.

However, you’re not actually going after them personally. What you’re really doing is filing a claim through their insurance. That’s what insurance is for.

It’s not about being aggressive. It’s about being made whole. If you’re injured and facing medical bills, time off work, or long-term issues, you deserve help and the system is set up to provide that help through insurance.

“1 in 3 people involved in an accident hesitate to seek legal help because they don’t want to sue.”

— American Bar Association Consumer Perception Survey

You’re not being difficult. You’re not being dramatic. You’re just protecting yourself and that's a smart move.

3) When Does a Claim Turn Into a Lawsuit?

Most claims move along just fine. We send the demand, the insurance company responds, and we go back and forth trying to reach a fair number. But sometimes, things stall.

Maybe the offer that comes back is way too low. Maybe they flat-out deny the claim. Or maybe… they just don’t respond at all. When that happens, we have to ask a different question: Is it time to take the next step?

Yes, and it’s called filing a lawsuit. Now, just to be clear, filing a lawsuit doesn’t mean you're heading to court tomorrow. What it does is give us more tools to work with. We can request evidence, take depositions, and apply pressure that we can’t during the claims process.

And even then, most of these cases still don’t go to trial. Filing just keeps the process moving forward when the other side stops cooperating.

“Nearly 70% of personal injury lawsuits settle before they ever reach trial.”

 — National Center for State Courts

So, if it reaches that point, it’s not a failure. It’s just the next phase. And we’ll walk you through it every step of the way.

4) What Happens If You Do Have to Sue?

Alright, so let’s say the insurance company won’t budge and you decide it’s time to file. Here’s what that actually looks like.

We draft a document called a complaint. That’s the official legal filing that lays out your case like who was responsible, what happened and what damages you're claiming. Once it's filed with the court, a process server delivers it to the person or company you’re suing.

Yep, this is the moment where someone actually says, “You’ve been served.” It’s not quite like the movies, but it’s still a real thing.

From there, the case moves through a few phases: there’s discovery (where both sides exchange information), possibly depositions (interviews under oath), and if it doesn’t settle during those stages, it heads toward trial.

Now the good news is you’re not handling all this on your own. We take care of prepping documents, dealing with deadlines, and keeping everything moving. Your job is to focus on healing and staying informed. We handle the rest.

“The average personal injury lawsuit lasts 12–18 months from filing to resolution.”

 — Martindale-Nolo Research 2022 Personal Injury Study

It’s not a fast process, but it’s not meant to be rushed. It’s meant to get you the result you deserve and we’ll make sure it’s done right. Here's a video from David Carter that can help simplify the process…

5) Why You Shouldn’t Wait to Call a Lawyer Even If You Don’t Want to Sue

Look, we know the idea of calling a lawyer can feel like you’re jumping into something big. And if you’re not even sure you want to sue, you might think, “Why bother yet?”

When we’re brought in early, we can  gather the right documentation, like your medical records, accident reports, photos, and case specific items before anything goes missing or gets complicated. We make sure deadlines aren’t slipping by. And we deal with the insurance companies so you’re not stuck on the phone trying to figure out what to say and what not to say.

This is what’s called pre-suit support, and it’s a huge part of what we do. We’re helping clients navigate the process, set things up properly, and negotiate from a position of strength.

“Accident victims who hired a lawyer received 3.5 times more in compensation than those who didn’t.”

 — Insurance Research Council

So no, you don’t need to be ready to sue just to talk to us. But having someone in your corner early on? That can make a whole lot of difference later.

6) You Have Options And Support

Somewhere between the pain and the paperwork, people start to feel alone. Like the whole thing is too big, too messy, and too legal. However, you’re not in a lawsuit unless you file one. And even then, you’re not in it alone.

If you have questions, ask them. If something feels off, say so. Call us before you file or even before you think about it. We’re here to walk you through it, patiently, clearly, and without pressure.