How Do You Determine Whether To Settle Or Litigate An Injury Claim?
We don’t generally recommend that clients resolve or settle a case before they understand the extent of their injuries, regardless of how serious those injuries are. Obviously, more significant injuries will require the client to treat for a longer period of time, so it will take longer for them to recover as much as they possibly can. We will wait until the client has reached that point in time before we even start thinking of settling the case, because we want to make sure that we understand the full extent of their injuries and the need for future care and medical treatment. We will want to fully understand the extent of the impact that the injury has already had, and the extent of the impact that it will have in the future. Prior to considering a settlement amount, we need to ensure that all factors have been considered in order to ensure that the client is receiving the maximum amount of compensation.
If a case may be headed for trial, then there will be a pre-suit phase during which we will send a demand letter to the insurance company after we have an idea of the extent of the injuries. When liability is clear, the at-fault party’s insurance company might bring real money in the pre-suit, because they will understand their exposure. However, if a fair settlement is not offered during the pre-suit phase, then we will file a lawsuit with the client’s authorization.
Generally, it will take at least a year before a case is set for trial. During that time, the case will be litigated, and before the case ever goes to trial, there will be a mediation. In my experience, if a case is going to settle, then a mediation is a good time to do that, as long as everyone is on the same page in terms of a fair value of the case. However, sometimes the parties cannot reach an agreement, and the insurance company will not offer a fair settlement.
At that point, we’ll explain to the client all the different scenarios, and generally recommend that they take the case to a jury trial in order to obtain a fair amount of compensation. Obviously, there is a lot that goes into that decision, including more time and greater costs. Additionally, the client will have to take time off work for the trial itself, and provide their testimony to the jury.
How Do People Unintentionally Hurt Their Slip-And-Fall Case?
People can negatively impact their slip-and-fall case by missing doctor’s appointments and allowing there to be significant gaps in treatment. Posting pictures on social media of themselves engaging in different activities that they are claiming they can’t do anymore can also get a client in trouble. Perhaps the biggest concern is if the client is untruthful. If the case goes to court, then the client will have to provide a deposition, and if they are not being truthful and honest in that deposition, then that can ruin their case, even if liability is clear. Simply put, no juror is going to want to award money to a perceived liar, no matter how good their case is.
For more information on Settling Vs Litigating a Slip & Fall Claim In FL, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (954) 379-8030 today.
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