Most claims are settled before a lawsuit needs to be filed. When you hire a lawyer, they will usually gather all the documentation and prepare a demand package. That package is sent to the other party’s insurance (assuming they have insurance) and the attorney will try to negotiate a settlement to avoid the time and expense of litigation.
Only if a claim with the insurance company does not yield a significant offer of settlement. And, only after consultation with you regarding what the requirements and ramifications are when we file a lawsuit.
Ask me for more details: brett@brettpetersonlaw.com