Accident victims hope to get compensated for their losses. Still, a rushed settlement could lead to an unfair outcome.
Factors that could prolong the time until settlement
Legal or factual issues
—Questions surrounding a determination of who should be held liable for damages
—The plaintiff has not provided the court with a proven right to sue
—Plaintiff backed by lawyer, when fighting an adjuster’s allegations
—Claim submitted after deadline has passed
The plaintiff/claimant has demanded a large amount of money: If the defendant’s policy has a high limit, then the adjuster is apt to conduct a thorough search for proof of any allegation.
The victim has not yet reached the stage of maximum medical improvement (MMI). Lawyers do not encourage agreement to a settlement, until all involved in that same incident have arrived at the point of MMI. Until, then a victim could not know for sure what sort of medical problems he/she might encounter in the future.
Litigation eats up the time of those involved in that process
—Victims that contact a personal injury lawyer in Grand Prairie can discover the risks to consider, before choosing to proceed, without a lawyer’s help.
—An attorney could alert a victim/client to the risks that might enter the picture, following a decision to proceed, without retaining access to the attorney’s guidance.
What risks might receive mention from a consulted attorney?
The chances for introduction of a charge of shared blame.
The chances for questions about the precise extent of the reported injury; the chances for questions about the consequences for the victim of such an injury
Any risks introduced by one of the client’s actions: For instance, a client that had failed to seek immediate medical attention would be taking a risk, because there would be no recorded mention of the reported injury.
Any risks introduced by one of the client’s statements: For instance, the client/former victim might have said something that would seem to imply an admission of guilt. A good attorney would have to clarify the meaning of that statement.
Any risks associated with the absence of clarity. For instance, the story given to the arriving officer could differ markedly from the story given to the lawyer, during a deposition. The lack of consistency would push the jury to question the veracity of the plaintiff’s comments.
Any risks associated with the plaintiff’s past history, with respect to seeking money, by filing a personal injury claim. The existence of a past claim would be on file at the insurance company that had received it. Adjusters always make a point of reviewing what is in the company’s files.
Any risk associated with the victim’s choice of a physician. Insurers reduce payoff’s size for using chiropractor.