MOST CASES SETTLE, BUT SOME DO NOT

3-23-07

            One of the most frequently asked questions we receive from clients is "will my case settle because I really don't want to go to court."   The short answer is yes, most likely, your case can and will settle if the party responsible for causing your injury and damages is insured, it is reasonably clear that the incident was the fault of the other party, and your injury and damage claim is well-documented through medical and other forms of information.   The fact is that the overwhelming majority of cases settle.   Most lawyers you will talk to will agree that the percentage is probably around ninety percent. 

            What happens, though, if despite having a claim that involves a clear case of liability and well-documented injuries and damages, the insurance adjuster on your case simply refuses to offer a settlement payment that you and your attorney believe to be fair and reasonable?  You can decide to accept the low settlement offer and eliminate the possibility of litigation or you can authorize your attorney to file suit on your behalf.

            While there are no promises or guarantees that can be made regarding the outcome of your case at trial, most experienced attorneys will be able to assist you at every step of the way through jury verdict and, if necessary, through the appeal process.   You should know that the litigation process is slow.  It can take from 1 year to over a decade in rare cases.  Litigation is expensive.   It can be stressful.  It involves personal time and effort.   And, there is no guaranteed outcome.    Deciding whether to file suit should be a decision carefully considered.  You should never just rush into the process. 

            So, make sure you discuss the process with your attorney BEFORE you instruct your attorney to file suit.  It is a discussion that you will be glad you had.

Web Resources

FindLaw
Thomson West
U.S. Courts
Westlaw
United States Chamber of Commerce
FirstGov
Library of Congress
White House
Internal Revenue Service
Yahoo!Legal Blog Directory