Here’s the scenario: You were just seriously injured because of someone else’s negligence. You may have been in a bike accident, a car accident… Regardless of how you were hurt, it does not matter. The accident was someone else’s fault and you’re hurting. Medical bills are piling up. You’re unable to work and your hobbies, well forget about those for now, maybe for a long while. You may be considering hiring a lawyer but there’s some thoughts going through your mind about lawyers, probably not positive ones. After all, as a group, lawyers haven’t made the best reputation for themselves. One of the things that may be going through your mind goes something like this: If I hire a lawyer, he’ll want to file a lawsuit and the thought of a lawsuit scares me. It’s the last thing I need in my life right now given my condition. Can’t I just settle and settle soon? Should I sue?
I don’t mean to be too self-promotional here and don’t want to seem boastful, but stick with me through these next few sentences. I am a trial lawyer with a lot of big verdicts. That’s how I got my reputation. That’s how I’ve gotten the accolades that come along with experience. All that being said, I always say, “I wish I never had to sue anyone.” I recognize that the thought of suing someone, the thought of a trial is scary to most people. Heck, lawsuits and trials are scary to most lawyers. Lawsuits can be time consuming and expensive. In most cases, especially in cases involving serious injuries, you’d think the responsible insurance company would want to settle without litigation. They might, but for a small fraction of what a case is worth. You’d think the insurance company would want to do the right thing. You’d think, but you’d be mistaken. If I spent my career waiting around for insurance companies to do the right thing, my career would have ended very soon after it began.
Sometimes the only way to get the attention of a high level decision maker at an insurance company is the threat of a jury trial. Sure, you may get the attention of some low level insurance representative who does not have much authority to do anything other than deny and delay claims or pay that small fraction discussed earlier. But if you want to be paid fair and full value on your case, there’s nothing like the threat of a jury trial to get the “real” decision maker’s attention. That decision maker, the guy who has the authority to write the big checks, will have to decide – “Should we settle or should we try the case?” The answer is almost always – “Let’s settle.”
So on serious injury cases, it’s probably necessary to file a lawsuit, rather than wait around for the responsible insurance company to do the right thing. The thought of filing a lawsuit and litigating a case can be scary but a good personal injury lawyer, one who has a track record of success in the courtroom, will make it less scary (not scare-free, but less scary). The odds are that your case will never see a jury trial but if you want to be treated fairly by an insurance company (at least as fairly as an insurance company can be) you probably should hire a skilled personal injury lawyer who has experience with insurance companies and you probably should sue rather than waiting around for the insurance company to do the right thing.
For a FREE consultation on your personal injury case, contact Willens Law Offices. The firm’s founder worked for a major insurance company and has firsthand knowledge of how insurance companies operate. Put that knowledge to work for you. Call us at . We can help.