When Will It Be Necessary to Litigate My Personal Injury Claim?
Your Florida personal injury attorney will make every effort to negotiate a fair settlement without you having to go to trial. However, there may be instances where a fair settlement is simply impossible and litigation is the only way you can get the money that you deserve.
This usually happens because the insurance company simply does not believe you deserve the money that your personal injury attorney is asking for. The most common reason that this would be the case is that the insurance company suspects that you are at least partially liable for your own accident. If they have any suspicion that your own negligence contributed to your accident, the insurance company will likely be extremely resistant to settling. Sometimes, the insurance company may suspect you of exaggerating your injuries, especially if you have a soft tissue injury that leaves little verifiable evidence. This, too, will make insurance companies reluctant to settle.
Alternatively, the insurance company may just be stalling for time. Since the insurance company knows that waiting for settlement harms you more than it harms the insurer, it may simply be waiting for you to buckle. In such a case, a lawsuit is probably the only way to proceed with your claim.
Whatever the reason, a personal injury lawsuit will usually name the party responsible for your injury, instead of the insurance company, as the defendant. The only major exceptions to this rule are when the party that caused the claimants injury was underinsured. The insurance company will still be hurt by such a lawsuit, as people do not want insurance from a company that will allow them to be sued.
The procedure for initiating a personal injury lawsuit may vary from case to case. Your Florida personal injury attorney may suggest holding off on filing the lawsuit after announcing it, in hopes that the threat of a lawsuit might force the insurance company to reconsider its offer. However, the attorney must be ready to pull the trigger if the insurance company does not make a reasonable offer.
In these cases, the expertise of the Florida personal injury attorney is vital to getting you the money you deserve. Call experienced Florida persona injury attorney John Fagan today for a free initial consultation.