Personal Injury Litigation and Settlement Strategy
Experienced plaintiff’s lawyers know that in cases involving serious injuries, full value will probably not be offered until after the discovery process has run its course. There is a caveat here though. If the insurance lawyer uncovers damaging evidence during discovery, the settlement value of the case may drop. The lawyer and client need to maintain clear lines of communication to keep unexpected surprises to a minimum.
Your lawyer understands that the most favorable settlements are often reached by waiting out the litigation process. This helps to explain why so many settlements take place only after the parties reach the courthouse steps. Lawsuits become endurance tests in which each side attempts to wait out the other.
You and your lawyer want a prompt and fair settlement for obvious reasons. Insurance companies also prefer to settle cases without excessive litigation when it is clear that their insured was at fault and real injuries have been suffered. While insurance companies often use delaying tactics in order to hold onto the settlement money as long as possible, they prefer to settle when the only alternative is paying their lawyers large fees to defend meritorious cases. This is why it is absolutely vital that your lawyer demonstrate that it is in the best interest of the insurance company to settle the case quickly and for a fair sum of money.