Filed vs. Unfiled Claims

Filed vs. Unfiled Claims

Filed vs. Unfiled Claims

Filed claims appear on a court docket and are subject to case management orders. Unfiled claims are held by plaintiff firms under tolling agreements or registration orders, preserving limitations without initiating litigation.

Unfiled inventories frequently exceed the filed docket.

Alternative Names:

Filed and Unfiled, Unfiled Inventory

Why it Matters?

Exposure assessment based only on the filed docket systematically understates the litigation, sometimes by a large multiple. That distortion affects reserving, settlement design, and any judgment about whether a global resolution is achievable, since a deal covering only filed claims leaves the unfiled inventory to be filed afterward. Census registries exist to make the unfiled population visible for that reason.

Frequently Confused with

Related terms

Frequently asked questions

Why do unfiled inventories matter?

Why do unfiled inventories matter?

Because they represent real exposure that will be filed if resolution fails, and assessing the litigation from the docket alone understates it.

How are unfiled claims made visible?

How are unfiled claims made visible?

Through census registries or claim registration orders requiring counsel to register unfiled claims with basic information.