Even though movies and TV programs continue to play-up the possibility for winning a large amount of money by facing an opponent in court, there are many advantages to seeking and accepting an agreement to settle.
Some things are just as important as the size of any possible reward/settlement.
It takes much longer for an accident victim to get any money, if he or she decides to file and pursue a lawsuit. Personal Injury Lawyer in Waterdown knows that even when a plaintiff does receive a generous amount of money from a court judgment, the same plaintiff does not get to keep all of that money. Some of it must be used to pay the plaintiff’s lawyer. In addition, there are liens to be repaid, and out–of-pocket costs that were paid, and, thus, have to be reimbursed.
Time spent in court does not ensure a plaintiff of the chance to win a predictable amount of money. On the other hand, the time devoted to negotiations does promise to help with the receipt of a fairly predictable amount of money.
What are the signs that an accident victim should give serious thought to the path that involves taking the defendant to court?
If a claimant has composed a demand letter and has sent it to the insurance adjuster, that same adjuster should acknowledge receipt of the same letter, along with offering a response. The absence of a response should be viewed as a clear indication that the case has reached a standstill. Whenever a case gets to that point, then the claimant should give thought to pursuit of stronger action, such as taking the case to court.
The nature of the insurance company’s offer might also push an accident victim to plan on facing the opposite party in a courtroom. For instance, the adjuster’s initial offer might be exceedingly low. Alternatively, the insurance company might raise questions, regarding the possible existence of shared fault.
In either of those situations, a claimant’s inclination to be patient could prove excessive. The described situations are ones in which it could pay to take the insurer to court. Claimants do not have to accept an insurance company’s pronouncement. Moreover, the act of filing a lawsuit does not deprive the filer of the chance or the right to settle. A settlement might be reached at any time, even after the 2 lawyers have prepared for a trial. In fact, 2 opposing parties could decide to settle after an ongoing trial had begun to approach the closing moments.
The two lawyers might meet with the judge. During the course of that same meeting, the judge could allow time for the opposing sides to settle their dispute. The judge would welcome that opportunity.