Will My Personal Injury Case Settle or Go To Trial?
It’s difficult to get pinpoint data on personal injury claims, but the vast majority end in a settlement rather than go to trial. However, whether a personal injury settlement will reach a settlement or go to trial depends on the accident, the insurer, and the firm representing you.
When you face off against an insurance company alone, the insurance company may try to push a “low-ball” offer onto you in the hopes they can save their bottom line. Sometimes, insurers prefer to drag their feet, hoping a victim’s desperation will push them to settle on the insurer’s terms.
At My 25% Lawyer we’re not afraid of bringing these insurers to court and fighting for our client’s best interest at a moment’s notice.
How the Settlement Process Works
No two personal injury accident cases are the same, but the settlement process has some broad phases that many claims pass through. No matter what, the process starts when an injured victim files a claim. From there, the insurance company will investigate, and offer a settlement.
Start By Filing a Claim
The settlement process should begin after an injured victim files a claim. It should begin there, but that doesn’t mean insurance companies won’t try to get a head start. Georgia law bans insurance companies or negligent drivers from visiting hospitalized victims within 15 days of their hospitalization. If an insurance company attempts to obtain signatures releasing them from liability or agreeing to settlement during that time, notify authorities immediately.
The Insurance Company Investigates
After a victim files a claim, the insurance company will investigate the claim. The depth of the investigation varies by the claim and documentation provided to the insurer at the start. They may visit the scene of the accident, speak to eyewitnesses, attempt to obtain footage, and contact you directly.
The First Offer
After the insurance company’s investigation, they will notify the claimant of their approval or denial of the claim. Georgia regulations set timelines within which insurance companies must notify individuals of an approval or denial. For example, first-party claims require that the insurance company notify of approval within 15 days of receiving all required information.
In personal injury claims, insurance companies don’t have as rigid of timelines. However, when a victim has legal representation, they can move the insurer towards settling a case sooner through a demand letter. Insurance companies typically respond to these within 30-60 days.
My Settlement is Taking Forever. Why?
If the insurance company’s first offer is unsatisfactory, negotiations begin in earnest between your legal representative and the insurance company. In a personal injury lawsuit, insurance companies might attempt to drag out negotiations if they feel the claim may reach the policy limits. For example, the average hospitalization in Georgia is over $28,000, which exceeds the minimum liability limits for a personal auto liability policy by $3,000.
The insurance company would prefer to pay as little as possible and believe the best way to ensure that is by “waiting a victim out.” They know they stand between innocent victims and the compensation they need to move forward from the accident. Finding ways to bridge the gap in the meantime can give your attorney the time to get the best possible outcome.
Does Settling a Case Take Longer?
Even when insurance companies drag their feet during a negotiation process, the settlement process is typically faster than a lawsuit. Once you begin a lawsuit, the courts dictate the rules and timelines for the process going forward. Instead of sitting down across the table from the insurance company, an avalanche of memoranda get submitted to the judge as the case moves closer to trial.
Along the way is the original complaint, the defendant’s response, and pre-trial motions. These phases all have set deadlines that give parties roughly 30 days to submit their request or respond. These deadlines can extend the process, as these documents can be amended and resubmitted.
However, along the way, the negotiations can continue between your attorney and the insurance company to avoid a trial. There’s risks involved on both sides. A trial can result in a loss for the plaintiff or in the insurance company paying more than they’d have to pay in a settlement.
Can I Cancel My Personal Injury Claim?
As the process continues, you may wonder whether you can cancel the claim. Once the lawsuit is initiated, you can motion to dismiss the lawsuit and leave with nothing. However, the contract with your attorney may require you to compensate them for their work up to that point.
Though the road to a trial may be long, there’s nothing stopping your attorney from negotiating with the insurance company while that process is underway. You do also have the option to accept a settlement earlier in the process if you feel like the financial strain caused by the accident is too much to bear.
The My 25% Lawyer Difference
The journey to settling a case can be a long one. Insurance companies may attempt to use a victim’s financial troubles as leverage to draw out negotiations and secure a settlement in their favor. We don’t stand for that at My 25% Lawyer. When we sense an insurer is offering low-ball offers and negotiating in bad faith, we don’t hesitate to bring a lawsuit.
While other firms may fear the work involved—and seek an even higher fee for it—we aren’t afraid. We also keep our contingency fee locked in at 25%, even if we go to trial, because we believe our clients need and deserve to walk away with as much compensation as possible. Call us today to experience a client-centric firm.
