Should I Settle My Personal Injury Case Or Go To Trial?

The statistics are that most cases settle.  However, cases can settle at any point in the process.  Sometimes cases need to be filed in Court in order to achieve a fair settlement even though they do not ultimately get tried.  Cases can be settled at any time before trial, after trial and even during trial.  Cases are even settled while on appeal and it depends on the decision of the parties involved as to whether it is to their benefit to settle or proceed further.  

If an insurance company denies a claim then there is no alternative but to file a lawsuit.  If the insurance company denies a claim they still may be forced to pay fair damages at a later time.  An insurance company denial is not the end of a person’s claim for damages.  It just means that the insurance company thinks that if you go to court they can beat you or that you will not make the effort to go to Court.

That is why you need someone on your side to even the playing field and make judgments as to whether an insurance companies’ evaluation has been correct.  If a case is deemed to be meritorious, an attorney can take the decision-making process out of the insurance companies’ hands and put it in the hands of a jury by trying the case.  A jury of your peers will make that determination and the insurance company will find out if their decision was correct or not.  

At times, insurance companies will deny claims on a broad scale and only take seriously the claims that are pursued in Court.  At other times, the insurance companies’ evaluation may be correct and there is no claim that can be successful.  However, the insurance company will always make decisions that are to their benefit because that is the business that they are in - to make money from insureds and not pay claims unless it is in their interest to do so.

If we can be of service please feel free to contact us at winburnlaw.com or toll free at 800-640-5100.