The Roch Law Firm, P.C.

Does The Threat Of Trial Increase The Chances For A Higher Settlement?


There are some cases that settle on the courthouse steps, and that would not have settled if not for the fact that the attorney was fully prepared to go to trial. In general, it’s not the threat of going to trial that results in large settlements; it’s being fully prepared for trial that does so. If your attorney has prepared your case fully and knows all of the arguments, then the other side will be more likely to provide a settlement. This is because they will know that your attorney is well-prepared and that they will likely lose at trial.

Does Having An Attorney Involved Make Insurance Companies Evaluate Claims Differently?

In my experience, simply having an attorney isn’t going to automatically make the insurance company pay. An insurance company doesn’t earn a profit if they pay out cases just because there is a lawyer. However, having a lawyer will ensure that the insurance company has all of the information that they need in order to evaluate the claim. In addition, a lawyer can ensure that you are doing what is necessary in order to achieve a maximum settlement, which means following through with the proper medical care for your injuries. The value of having an attorney in the case is making sure that there are no mistakes in the claim and that all damages, including lost wages and future medical expenses are accounted for in the settlement.

How Long Will It Take For Me To Receive Funds After Negotiating A Settlement?

Your settlement funds should be available within one to two weeks after settlement. One of the things that can delay your receipt of damages is if there are unpaid medical bills that are required to be paid from the settlement. In some instances, Medicare, Medicaid or your health insurance will have paid for some of the care and will ask to be reimbursed for it. If that’s the case, then we may have to settle those debts before you receive your settlement.

What Factors Can Limit Or Minimize The Amount Of My Settlement?

One of the main ways that you can damage your injury case is by not following up with medical care. The simple rule of thumb is that if you do not take your case seriously, then the insurance company, jurors and judges are going to assume that you must not be seriously injured. So, listen to your body. If you feel like something isn’t right, then seek care. If you are uninsured and you have a serious injury, there are ways that we can arrange for medical treatment for you. An attorney can help guide you through this process, but they can’t get the medical care for you.

Your settlement may also be limited or minimized if the case is a contested liability case, which means that there is some evidence that you caused the wreck and some evidence that the at-fault driver caused the wreck. In Georgia, your settlement can be reduced by the percentage that the court or the adjuster determines was due to your own fault.

Prior injuries may also limit your settlement. In some cases, a person will get injured in a car wreck, and then fall down stairs or get into another wreck a couple of days later. In those instances, it can become fairly difficult to decide what portion of the injuries was related to the first event versus the second event.

How Can I Assist My Attorney In Negotiating A Favorable Settlement?

Being proactive with your medical care is the most important thing that you can do to assist your attorney in negotiating a favorable settlement. When you hire an attorney, you really want that attorney to manage your injury claim, and that’s what a good attorney will do. They will make sure that the insurance company understands what’s going on the case and that all of the insurance policies that apply to your case are located. Aside from returning your attorney’s phone calls and making sure that you stay in touch with them, the most important thing to do is focus on getting the medical treatment that you need.

For more information on Threat Of Going To Trial In Georgia, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (770) 345-7624 today.

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