Next Steps When A Reasonable Settlement Agreement Can’t Be Reached
Not all cases end up in trial, with the vast majority being settled before reaching that point, even after the initiation of a lawsuit. The key to securing a favorable settlement lies in the preparation of your case.
If your attorney can convincingly demonstrate your readiness to go to trial, it places the insurance company in an uneasy position. Insurance companies, while comfortable with risk, are not fond of gambling. The more prepared your case, the higher the risk they face.
With juries being unpredictable and no certainty on what an attorney will do on a given day, insurance companies prefer settling. Thus, hiring an experienced attorney enhances your chances of obtaining maximum compensation.
Key Questions To Ask When Hiring A Personal Injury Attorney
One of the first questions you should consider asking potential personal injury attorneys is, “Will you be handling my case?” It’s crucial that your attorney has hands-on experience with trials and will be involved in your case throughout its entirety, from your initial consultation through to the potential of trial. You don’t want an attorney stepping in last-minute to rectify errors or to gather evidence that should have been collected earlier. Preventing mistakes is easier than fixing them.
Another vital question to ask is whether they are willing to take the case to trial if settlement negotiations fail. If they’re unprepared or uninterested in going to trial, the insurance company may detect this and adjust their evaluations accordingly, leading to reduced settlement offers.
In addition, it’s important to inquire about an attorney’s experience with insurance coverage, particularly regarding underinsured motorist claims, which are often complex and fiercely contested by insurance companies.
Experience in dealing with lien reductions is also vital, as many insurance policies contain language that may or may not allow your medical or personal injury protection insurance company to recover the full amount. A seasoned attorney with a comprehensive understanding of insurance coverage can identify this language and effectively negotiate with the insurance company, potentially leading to more money in your pocket.
The Misconception About Personal Injury Attorneys Taking Cases To Trial
It is often misunderstood that all personal injury attorneys take cases to trial. It’s important to understand that this is not always true. You should ask your prospective attorney about their trial experience and record.
Some lawyers primarily focus on settling cases and will refer them to other attorneys if a trial seems inevitable. However, it’s generally more beneficial to have an attorney who is not only capable of preparing your case but also willing and prepared to take it to trial if necessary. Insurance companies are aware of this, and it ultimately increases their perceived risk, prompting them to propose higher settlement amounts.
Affording Top-tier Personal Injury Representation
The concern of affording high-quality personal injury representation is often needless. Most personal injury attorneys operate on a contingency fee basis, which means if they don’t recover any money for you, you don’t owe them a fee. Therefore, you can afford the best representation available. It’s crucial not to compromise on the quality of your attorney; otherwise, you may leave money on the table. Experienced attorneys are adept at preparing cases, gathering necessary evidence, limiting the opposing side’s evidence, and putting the insurance company in a position of risk. This strategy can often lead to higher settlement offers.
For more information on Litigating Of A Personal Injury Claim In Washington, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (253) 339-8500 today.
