It seems like every new client we meet with has the same question-how much is my personal injury case worth? Usually, when we explain to them that it’s impossible to tell them what their personal injury case is worth that early on, they ask a second question-how long will it take for my case to settle? The problem with questions like this is that no two cases are ever the same. Our personal injury attorneys in Greenville, South Carolina represent dozens of plaintiffs every year. They all have the same questions you do. It can be difficult to explain to them that we won’t have any real idea of when their personal injury case will settle until we find out what the defendant’s position is.
In almost all personal injury cases, insurance companies are involved. Many of these cases involve motor vehicle accidents. Others involve slip and falls. But the one thing they all have in common is that some type of insurance covers the defendant. This means that before you sue anybody, you have to file a claim with their insurance carrier. This is the first step our injury attorneys in Greenville take in any personal injury case.
If you haven’t already filed your claim, we can do that for you. Ideally, we’ll be able to negotiate a settlement with the insurance company right away. If that’s the case, your case could be settled within a couple of months, and you won’t have to take any legal action. Unfortunately, by the time most personal injury cases come to us, the insurance company has already denied our client’s claim.
Here, we will discuss the factors that make it easier to settle with the insurance company early instead of filing suit. We will also talk about the fact that most cases settle even if you do file suit. If you have questions about your own personal injury case, give us a call. You can schedule your free, initial consultation right over the phone or through our website.
Hopefully, You Won’t Have to Sue at All
In a perfect world, you would file your insurance claim and it would be paid in a matter of days. Unfortunately, you have no control over what the insurance company is going to do. They may approve your claim and send a check out to you in the mail. They may call you and have more questions about your accident so they can make a final determination. Or you might get a letter in the mail saying that your claim has been denied then the only thing they provide you with is a denial code. If this happens, you should call and speak with a personal injury attorney in Greenville, South Carolina immediately.
Once you meet with our attorneys, give them a copy of the denial letter so they can reach out to the insurance company themselves. They’ll find out exactly why the claim was denied and on what basis it was denied. At this point, they will also attempt to negotiate a settlement with the insurance adjuster. This probably works 10% to 15% of the time. As for the other 85% to 90% of the cases we handle, it isn’t until after we file suit that the insurance company talks about the settlement.
As much as you may not want to file legal action in order to prompt a settlement discussion, sometimes it’s only way to make it happen.
Your Injury Attorney in Greenville Will Try to Settle Your Claim First
Before we file any legal action on your behalf, we will reach out to the insurance adjuster and feel them out. It’s always a good idea to find out what the defendant’s position is before you bring up the idea of a settlement. There are some cases in which the insurance company only denies your claim because it’s very large and they’re hoping to settle for less down the road. These cases tend to settle a lot quicker than other cases. It’s the cases where the insurance company truly believes you were at fault that take the longest to resolve.
If the defendant’s attorney really believes that you caused your own injuries, they’re not going to settle you’re claim. They’re going to wait and see if you retain a personal injury attorney in Greenville, South Carolina. If they think that you’re handling the case on your own, they may offer you a ridiculously low settlement and hope you’ll take it, desperate for money. They’ll also ask you to sign a settlement release which releases their client from any future liability. Never sign a settlement release until you your injury attorney in Greenville has a chance to look at it. You have no idea what rights you’re signing away when you sign that piece of paper.
Just Because You Sued, That Doesn’t Mean Your Personal Injury Case Won’t Settle
It’s important to understand that just because you file a lawsuit doesn’t mean your personal injury case won’t settle. In fact, more than 95% of all personal injury lawsuits settle long before trial. Trials are expensive and time consuming. There is also the risk that you could lose if your case goes to trial. Since neither side wants that to happen, settlement talks usually begin right about the same time the judge sends out a trial notice. It’s almost as if the attorneys are trying to beat the clock and come up with a settlement that everybody is happy with.
As much as you may want to have your day in court, you need to understand that settling is almost always in your best Interests. For starters, it will cost a lot less if you don’t have to go to trial. Second, it could be years before your case ever sees the inside of a courtroom. It is much better to have a lump sum now then the possibility of payment two or three years down the road.
Meet with One of Our Injury Attorneys in Greenville Right Away
If you have been hurt in any type of accident, you should contact one of our injury attorneys in Greenville right away. It’s a good idea to hire a lawyer before you even file your initial insurance claim. This will increase the chances of its being approved. If your claim is denied, your personal injury attorney in Greenville, South Carolina can always file an appeal. If this doesn’t work, you’ll have no choice but to file suit.
The nice thing about having an attorney by your side is that you don’t have to worry about making any mistakes. You also know that you’ll have an experienced professional there to handle settlement negotiations. We offer all of our clients a free, initial consultation, so you have nothing to lose by coming in and sitting down with one of our seasoned attorneys.