Filing A Lawsuit Usually Gets You Paid MORE In Your Injury Case

The Insurance Company's Strategy

Insurance companies oftentimes want to see if you are a fighter. Are you someone who is willing to fight to get a fair and reasonable settlement in your injury case? I've had a front-row seat to see how insurance companies deploy this strategy. You see, right after law school, I worked on behalf of insurance companies defending claims in court.

Marvin's Story

Let me tell you the story of my past client, Marvin. Marvin's case involved a car accident. But the lesson I'm about to teach with his story applies to all types of personal injury claims, including slip and trip and fall injury cases, dog bite injury cases, and any other type of personal injury claim.

Initial Settlement Offer

Marvin had no liability for the accident. Once Marvin finished up his treatment, a written demand was sent to the other driver's insurance company in an attempt to start settlement negotiations. However, while the insurance company made an offer to settle the case that wasn't the worst offer I've ever seen, it still was not a fair and reasonable settlement offer.

Filing the Lawsuit

So Marvin's case was then referred to me by Marvin's previous attorney to file a lawsuit. So I did just that. I filed a lawsuit against the at-fault driver and Marvin's underinsured motorist insurance company. Not long after filing the lawsuit, Marvin ended up getting a settlement of about twice as much as what was offered to him before I filed the lawsuit. He didn't even have to give his deposition. Marvin's case was settled shortly after we filed the lawsuit. The case was not litigated much beyond the filing of the lawsuit. The other driver's insurance company ended up paying out the policy limits to settle Marvin's case, and we got a little bit more money for Marvin's settlement from his underinsured motorist insurance company.

Reasons Filing a Lawsuit Can Lead to a Larger Settlement

Filing a lawsuit in your injury case can potentially lead to a larger settlement for several reasons:

1. Increased Negotiating Power
   • By filing a lawsuit, you demonstrate your willingness to take the case to court, which can enhance your negotiating position. This may prompt the insurance company or the defendant to offer a higher settlement amount to avoid the uncertainties and expenses associated with litigation.
2. Pressure on the Insurance Company
   • A lawsuit creates pressure on the insurance company and defendant as they will have to allocate resources to defend the claim in court. This can motivate them to settle the case more favorably to avoid the time, effort, and cost of litigation.
3. Presentation of Evidence
   • After filing a lawsuit, you have the opportunity to present evidence and build your case. This can allow you to present a stronger argument supported by relevant evidence that demonstrates the extent of your injury, the impact on your life, and the liability of the other party. A compelling presentation of evidence can influence the settlement negotiations in your favor.
4. Possibility of a Jury Trial
   • After filing a lawsuit, if your case goes to trial, the decision will be made by a jury. Juries can be unpredictable, and their verdicts may result in higher or more significant awards than what might have been offered during settlement negotiations. This is a risk that can push the insurance company or defendant to increase their settlement offer to avoid the uncertainty of a jury trial.
5. Financial Risk
   • Lawsuits can be costly and time-consuming for all parties involved. The insurance company will have to hire a defense lawyer to defend the claim. Litigating the case may also require that they take and pay for depositions and retain experts. The defendant or their insurance company may prefer to settle the case for a larger amount rather than risk incurring higher legal costs by dragging the case through the court system after you file your lawsuit.

Conclusion

It's not always the case, like in Marvin's case, that the insurance company will want to make you a reasonable settlement offer shortly after you're filing a lawsuit. In many cases, they will make you fight it out longer during the litigation process. You may even have to take the case to trial. But at the end of the day, in many cases, it's often the case that to get a fair and reasonable payout in your injury case, you must file a lawsuit. The thing is, just because you have filed a lawsuit in your case, it doesn't always mean you will get a fair and reasonable settlement offer. In some cases, it makes sense for you to take your case all the way to a jury trial. And in this video about to pop up here, I'll tell you the circumstances in which you should consider rolling the dice and taking your case to trial in front of a jury.

Final Advice

Lastly, if you've been injured in a car accident, slip or trip and fall incident, or dog attack incident in Kentucky, remember: don't wait, call Tate.