Settling outside of court is in your best interest in most situations. With this in mind, your Decatur personal injury attorneys will try to gauge the true settlement authority.
Contrary to their argument, defense attorneys typically have some settlement authority or knowledge of settlement authority.
In negotiations after the lawsuit is filed, the defense attorney will insist that their hands are tied because they must obtain permission or authority to settle from the insurance company. In reality, most defense attorneys are fully aware of the possible authority in almost any case. Your Decatur personal injury attorneys may try to obtain the authority figure by asking the defense attorney probing questions on his valuation of this case. Your attorney may succeed in adding another fifty to one hundred percent on the value depending on the scope and liability issues of the case, and the degree of documented damages. The defense attorney will come up with a more acceptable figure as the trial date nears, but they usually try to save the carrier some money.
Defense attorneys earn and keep insurance company clients by settling at a low amount and by winning favorable verdicts at trial.
Insurance defense firms are not friends with Decatur personal injury attorneys, and they appeal to the insurance companies with a record of defeating the other side at trial or forcing them to settle low. Thus, they will rarely cater to your needs or readily settle your case. They will agree to pay top authority only if they have reasons to fear a substantial verdict for the claimant at trial. The defense attorney will gladly take his chances in court if he is convinced that he can pin the blame for liability or damages on the defendant.
You may second-guess your decision to settle your case, but generally you’re in a better position than the person who has to go all the way to trial to win a verdict in a small case.
In the overwhelming majority of small personal injury cases, a settlement is essentially a victory for the claimant. Some personal injury clients will still wonder if they could have gotten more from their settlements or at trial. But the difficulty and emotional strain resulting from litigation are rarely worth the additional few thousand dollars the claimant might have achieved with an outright verdict. A $17,000 verdict is not a substantial gain over a $15,000 settlement, considering the interest after two years of discovery, preparing for depositions and testimony, contentious cross-examination, and the emotional toll of a jury trial.
The Decatur personal injury attorneys at the law firm of McCarthy Rowden & Baker will work tirelessly to obtain the settlement that you deserve. Call their law offices at 1-800-373-6050 for a free initial consultation.