What Factors Do You Consider When Deciding To Litigate Or Settle A Claim?
If a settlement offer is inadequate, I would tell the client it is inadequate. I would also tell them that I can’t guarantee them that I will get more through a Jury, and let them make their decision. I would assess the case and tell them, from my extensive background of trying over a hundred and fifty jury trials, what kind of outcome I would expect.
What Can I Expect If My Personal Injury Claim Goes To Trial?
Trying to negotiate a settlement for six or seven months is not unreasonable because sometimes, it takes that long for your doctor to determine the extent of your injuries or damages. When you reach what is called maximum medical improvement, if you don’t reach a settlement, your lawyer will file the lawsuit. At that time, the lawyer on the other side and the insurance company will ask you a list of questions, including your medical history. I’ve had a case go from injury to litigation in a year, but that’s very unusual. Usually, if your case is going to go to litigation, you don’t know how long it could take. The case could be settled by litigation; you can settle your case even on the courthouse steps. The entire process can take as much as three or four years. Some take longer. There is no exact timeline
Does The Threat Of Going To Trial Ensure The Likelihood Of Receiving A Larger Settlement?
Some lawyers talk a big game and that is worthless. If you’re at an impasse, file a lawsuit. It does enhance the chances of a larger offer, many times. Some cases should be tried before a judge. In most cases, we don’t recommend that, but each case is different.
How Does Going To Trial Affect The Overall Cost And Settlement In A Personal Injury Claim?
The cost of trial can be immense. In Florida, we have various programs where you can buy cost insurance. It’s fairly expensive but it will cap the liability of the person or the lawyer. Sometimes, the lawyer buys it for the person and it will be a cost later on. Trial costs could be anywhere from $30,000 to $40,000 or even much more. It just depends on your injuries and what type of company or individual you are fighting. A lot of times, how far you can go depends on your attorney. They can either obtain costs for you or can help you with the costs. An experienced attorney has enough money to put up the costs and is willing to take the risk. There are also cost finance options which do not have to be paid back if a case is lost in Trial
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