In this article, an Oakland personal injury lawyer looks at why a personal injury case might not reach a settlement.
Legal proceedings may become the only alternative for you and your Oakland personal injury attorney if neither side can prevail upon the other to accept a settlement range agreeable to all. When a lawsuit is filed in a personal injury case, it is normally against the people who caused the harm you sustained. Unless the case involves a driver who does not have automobile insurance, the insurer itself is not the target of the lawsuit.
When to File Suit
Instead of filing immediately, your Oakland personal injury attorney may decide to wait and see if the insurer will reevaluate their position and come to a more favorable view of the case. If this is not to be, and if there is too wide a gulf between the two parties, a lawsuit may become unavoidable.
Why Begin Legal Proceedings
A lawsuit may become inevitable because:
- The insurance company feels that your figures are unjustifiably high;
- The carrier denies any liability in the case in that they do not feel that the entire burden of responsibility should fall on their client. This may be due to an actual doubt as to the existence of sufficient liability or it may be due to company policy. Either way, a lawsuit is inevitable unless you are willing to accept a smaller settlement and avoid litigation altogether;
- The opposition may hope that by drawing the procedures out they may weary you into making a lower offer in order to simply end the case and have done with it; and
- The carrier is attempting to place the burden of proving the extent of your injuries on you by implying that you were only slightly injured or perhaps not hurt at all.
Know Your Rights
Be sure that you are protected. Contact the Orr Firm, your Oakland personal injury lawyer, at 510-985-4600, and secure the help you need today.