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NorthwestConstruction &Insurance Law
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Claims & decisions

When to file a lawsuit

Kelly McCann2:04

Considering litigation alongside other tools, including its potential advantages, disadvantages, and effect on the recovery strategy.

Transcript

So, a building owner, whether or not they're a single family homeowner, apartment building owner, a self storage owner, an owner, an HOA, um, they really have to think very strategically about whether a lawsuit is really the right step. Um, and so I think that a lawsuit, because a lawsuit, if you take a step back, is really just one of the tools in the toolkit. So when you've got a property problem, ideally what you have, in the ideal world, is the construction company or the insurance company just pays full and fair, uh, compensation in order to get it fixed. Of course, usually, for the people that contact us, that's not, that hasn't happened. because otherwise they wouldn't contact us.

And so, what they really need to do is understand the full range of options and tools available, including the pressure points they can put on the insurance company, the pressure points they can put on the construction company, understand the different leverage, understand the interest of the insurance company, and the construction company, and then seeing whether or not a lawsuit is really the best strategy. And sometimes it is, and sometimes it isn't. And so what we do for our, for our clients, is we like to walk them through the potential advantages and disadvantages of actually filing a lawsuit. And those include things like discovery, time, increasing settlement leverage, and also there's downsides as well to it. as well.

And so we really like to walk them through the entire process. And so that way they can understand what really is the best decision for themselves. Because at the end of the day, um, you know, filing a lawsuit is the building owner's decision. And so we always want to make sure that they're fully informed, and they also understand the alternatives and what other tools they can use in the toolkit, in order to get the money to repair their property, without having to take that step.

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