Settlement Strategies for Personal Injury Litigation
The final opportunities for settlement occur after a settlement conference and at the courthouse steps. Judges almost always push hard for settlements at these conferences. The attorneys and their clients may find the judge’s arm twisting irresistible and settlement may result. If it does not, the judge will order the case to trial. When faced head-on with this prospect, one side or the other may finally see the wisdom of settling out of court.
Settlement attempts by your attorney are often perceived by the insurance attorney as a sign of weakness or desperation. This discourages serious settlement negotiations early in the litigation process. The insurance company may similarly feel that your attorney will see an early settlement offer as a sign of weakness. Relatively large personal injury cases almost never settle without the filing of a lawsuit. If you have been seriously injured in an accident and your lawyer is trying to push a settlement on you even before he or she has filed a lawsuit on your behalf, lights should flash and bells should ring in your head. There is a great chance that you will do much better with a lawyer who will file the lawsuit and hold out for a better offer.