Settling or Litigating: Our Washington Injury Lawyers Weigh In
Posted Sunday, February 28, 2016 by Chris Thayer
Clients sometimes question our Washington injury lawyers when deciding between settling a case or litigation. The insurance company might press for a low settlement, but their defense attorneys prefer to litigate the case simply because they earn more money that way. Once the case moves toward a trial, the lawyers bill the insurance company hourly fees based on the work that they do. They earn much less if they settle, and they do not earn commission.
Commitment to See the Case Through
On the other hand, taking a case to trial involves extensive work for you and your personal injury lawyer. He or she will need to follow up, working diligently on the case. The defense lawyer will not beg you to settle even if he or she knows that you are willing to take less than what you have offered. Since they are not motivated to settle, you both need to be ready to take the case to trial.
The Personality of the Insurance Company
Some insurance companies rarely settle personal injury cases for a just amount unless the case is for a large sum of money. Most attorneys know these companies by their reputation as very conservative at the settlement phase. Even if it is not in writing, their traditional philosophy is established and implemented company-wide. They usually have an attitude of “take it or leave it,” especially if a person is not represented by counsel. As such, they do not make the effort to settle smaller personal injury claims, especially when a claim includes mental health issues or soft tissue damage that might be hard to document medically.
The Personal Injury Attorney’s Philosophy
The insurance company leads these individuals without representation to believe that they need to take the settlement offer. Even personal injury lawyers often prefer to cave to a settlement, and the insurer knows this. A trial takes additional time and energy and costs more to litigate, so many attorneys would rather avoid the hassle.
Call Our Washington Injury Lawyers at (866) 884-2417
Chris Thayer and our Washington injury lawyers can provide you with seasoned counsel regarding settling or litigation in your case.