When faced with damages or injuries, many people wonder whether to file an insurance claim or pursue a lawsuit. Both routes can provide compensation, but they come with different sets of opportunities, or “rights,” which make lawsuits distinct from simply filing an insurance claim.
National Salmonella Lawyer Ron Simon explains the benefits, or opportunities, afforded when filing a salmonella lawsuit as opposed to simply filing an insurance claim:
“When their is a salmonella outbreak, my firm works with defendants, often in tandem with their insurance company, to resolve cases. At times, however, filing a salmonella lawsuit is more direct, and opens up possibilities and rights a claim simply may not have.”
1. Right to a Fair Trial
One of the most significant opportunities a salmonella lawsuit offers over an insurance claim is the right to a fair trial. Filing an insurance claim typically involves dealing with the insurance company directly, which often leads to a settlement. However, insurance companies are businesses, and their goal is to minimize payouts. As a result, you may feel pressured to accept a lower settlement than you deserve. In contrast, filing a salmonella lawsuit gives you the opportunity to present your case before a judge or jury, who can impartially decide the appropriate compensation based on the facts and evidence. This right ensures that, if negotiations fail, a neutral third party can help secure fairer outcomes.
2. Greater Compensation Potential
Insurance claims are generally limited to the amount covered by the policy. In cases involving severe injuries or significant property damage, the policy limits may not be sufficient to cover your expenses. A salmonella lawsuit, on the other hand, allows for a broader range of damages, including compensation for medical bills, lost wages, emotional distress, and even punitive damages, which are designed to punish the defendant for particularly reckless behavior. For example, if a person is severely injured in a car accident caused by gross negligence, an insurance claim may not cover all of the medical expenses or lost income, whereas a lawsuit could potentially secure compensation that more fully reflects the scope of the harm.
3. Discovery and Transparency Rights
Another key advantage of filing a salmonella lawsuit is access to the discovery process. Discovery is the legal mechanism that allows both parties in a salmonella lawsuit to obtain evidence from each other. This process can be crucial in cases where the facts are disputed or where the defendant (or their insurer) is withholding important information. Through discovery, you can request documents, take depositions, and gather expert testimonies, which can be used to build a stronger case. In contrast, when you file an insurance claim, the insurance company has no obligation to share internal documents or investigative results unless they are legally compelled to do so, which is usually through a lawsuit.
4. Right to Appeal
Filing a salmonella lawsuit also grants the opportunity to appeal if you are unsatisfied with the outcome. This is a critical right in ensuring that the legal system reviews decisions that might have been influenced by mistakes, improper rulings, or bias. When you settle an insurance claim, the settlement is usually final, and you waive your right to pursue any further legal action. If new evidence comes to light or if you believe the settlement was unfair, you have no recourse through the insurance process. However, if a salmonella lawsuit leads to an unfavorable judgment, you can appeal to a higher court to reconsider the case.
5. Accountability and Public Record
Unlike private insurance settlements, salmonella lawsuit are part of the public record. This means that pursuing a salmonella lawsuit can create public accountability, especially in cases involving corporations, government entities, or individuals whose actions are of broader societal concern. In some cases, the public nature of a salmonella lawsuit can motivate defendants to settle more generously to avoid bad publicity. Filing an insurance claim, however, remains a private matter, with little to no impact on public accountability.
Conclusion
While filing an insurance claim is often quicker and more convenient, pursuing a salmonella lawsuit provides a range of rights and opportunities that can lead to a fairer and more comprehensive resolution. These include the right to a fair trial, the potential for greater compensation, transparency through discovery, the ability to appeal, and public accountability. Choosing between these options depends on the complexity of the case, the severity of damages, and whether you feel the insurance claim process can offer an adequate resolution.
