After all medical and other expenses have been
detailed and itemized, and after we have received
documentation of all of the losses which we can
present on your behalf, the documentation is assembled,
and the other side's insurance company is presented
with these materials in an effort to open settlement
negotiations. Whether or not preliminary settlement
negotiations will be successful is something that
varies so widely that we simply cannot predict
what the outcome of preliminary negotiations might
be.
One thing is certain however: the insurance company
always wants to know what it is paying for. The
better documentation we can obtain to substantiate
your losses, the more likely it is that the insurance
company will consider your losses seriously.
If we receive an offer at this stage, we will
relay it to you and discuss it thoroughly. But,
if a proper settlement cannot be reached at this
stage, a lawsuit will be filed quickly.
Reasons for Filing a Lawsuit Immediately
Many times, for reasons which vary due to facts
and circumstances of an individual case, we may
file suit without any discussion of settlement
with the insurance company. Some of the reasons
why we may file prior to settlement negotiations
are listed below. This is by no means a complete
list but demonstrates why we might immediately
go into the third stage.
1. The statute of limitations may be close
to expiration.
2. Past experience with the particular insurance
company may be that the particular company would
give you the runaround rather than attempt to
reach a good faith settlement.
3. It may be better to deal with a lawyer
hired by the insurance company, rather than
the
insurance adjuster directly. "In the "discovery"
step, you will answer a list of questions received
from the defendant." "In a "deposition", the
defense attorney asks you questions. You will
answer under
oath. We will prepare and properly represent
you."
4. The damages may be so extensive that it
may take many months or even years before they
can be fully assessed. Since we cannot fairly
evaluate your case until we know what all of your
damages are, we cannot commence negotiation until
such is known. Also, insurance companies won't
pay fair settlements until damage issues have
been well defined. Therefore, it may shorten the
total time required to conclude the case by commencing
a formal lawsuit immediately.
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