Why Don't Defense Attorneys Settle?
Posted Monday, April 22, 2013 by Chris Thayer
If you and your car accident attorney in Seattle don’t reach a settlement with the insurance adjuster, your claim will be handed off to an insurance defense attorney. It is still possible that your case will settle at this stage, but you may find it is more difficult.
Most attorneys settle more cases than they take to court, but attorneys on the insurance company payroll don’t have a strong incentive to avoid trial. In fact, they may be more inclined to go to trial because that is how they make most of their money.
Insurance defense attorneys simply bill the insurer for their hourly work. They don’t get paid based on how much or how little your case settles for.
Preparing for trial takes time, and while you and your car accident attorney in Seattle may want to avoid trial, the defense attorney probably doesn’t care one way or the other.
How Can I Get a Fair Settlement?
The best thing you can do to increase your chances of a favorable settlement is hiring an experienced car accident attorney in Seattle, preferably one who has trial experience. If the defense attorney thinks that you are legitimately prepared to go to trial and not just using the threat of court as a bargaining chip, you may find him or her more willing to settle.
Some factors that lead to successful settlements are out of your control. These include the insurer’s overall philosophy about settlements. Certain insurers have developed reputations for taking almost any claim to trial, no matter how small.
Insurers are especially unwilling to make fair settlement offers when it comes to soft tissue injury cases. It is important for you to keep careful records of your damages, including medical bills and lost wages from time off from work.
Insurance defense attorneys may think they can convince jurors you are faking or exaggerating your injuries, but this becomes harder the more concrete proof you are able to present.
We Can Help
If you have been injured and are not already represented by a car accident attorney in Seattle, please call Chris Thayer at (206) 340-2008 for a free evaluation of your claim.