A common question I get asked by my clients is, “Won’t the other person’s insurance company just offer me money to avoid a lawsuit?” Well, that’s what’s called a Nuisance Value Settlement, and that doesn’t happen anymore. In the 1980s and 90s he insurance companies changed the way they did business. Instead of hiring a lawyer to defend a given case, they hired their own legal staff. The insurance company has those lawyers on staff and they’re paying them one way or another.
So the insurance company, frankly, doesn’t really care if you file a lawsuit or not and won’t increase an offer based on how much it’s going to cost them to defend a case. What they do is they make an analysis, quite simply, of what they think they can get a jury to give you on your case, and that’s the most that they will ever offer. And that always brings up the question, “Am I really going to have to go to trial on my case?” Well, in our firm, our average is about two thirds of our cases settle without having to file a lawsuit. Only about one third of our cases require us to file a lawsuit to move forward to get the insurance company to come up with a number that makes sense for our clients to take as far as settlement.
However, sometimes we are unable to see eye to eye with the insurance company on the value of a case, what we think a jury is going to award for that particular injured person. In those cases where we can’t reach a settlement, the case does need to be tried in front of a judge and jury.
If you or a family member have been injured and you have questions about a personal injury case or even questions about just a property damage case, give us a call at 206-285-1743. Also be sure to check out our many free resources for accident injury victims.