Filing a Lawsuit
Furthermore, different insurance companies treat cases differently. Your lawyer should negotiate with the insurance company and attempt to get them to a number that you are happy with. If this cannot be accomplished, then the pros and cons of a lawsuit should be discussed. A lawsuit in a car accident case for example involves suing the person who caused the wreck.
Although they are sued in name, it is important to note that it is their insurance company that is actually the one defending the case and being sued. This is important because in court a lot of times the defendant sits there with a lawyer and the jury is not allowed to know about the insurance company even though that lawyer has been paid by the insurance company.
Once a lawsuit is filed, there is discovery that must be answered and this includes written questions and written requests for production of documents that must be responded to with information from you. When you answer these questions, you will have to sign a verification swearing that the answers are true and accurate to the best of your knowledge. Your lawyer should also serve discovery on adversarial parties so that information can be learned about them.
Your deposition may also be taken. A deposition is where the other lawyer asks you questions on the record in front of a court reporter. You have sworn to tell the truth in the deposition. Depositions are done by insurance companies lawyers to find out information about you, to make sure that your story is the same throughout this case and does not change at trial, and very importantly to size you up as a witness. Should a deposition be scheduled, you should receive written instructions and explanations of how to deal with the same.