When is it too Late to Settle?
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The vast majority of personal injury claims are settled without filing suit. Once suit is filed, the vast majority of those personal injury cases, now in litigation, also settle before actually going to trial.
This is as it should be. When experienced lawyers and insurance adjusters are involved the case, there is no reason why a rational settlement, fair to both parties, cannot be achieved. The same is true with respect to cases in which lawsuits have actually been filed. When experienced lawyers are involved, and with litigants whose judgment is rational and reasonable, there is no reason why cases in litigation should not also be settled in a manner which is fair to both parties.
Nevertheless, not all cases can be settled and, when the parties cannot agree, our civil justice provides judges and juries to handle the important task of deciding the issues in dispute. This mechanism is crucial to our civilized society. Without a means to resolve disputes, chaos and even bloodshed could result.
It is always better for the claimant that the case be settled quickly and without filing suit. Nevertheless, if insurance companies are not reasonable, we regularly advise our clients to file suit and, if necessary, to pursue the case on through the full litigation process.
A question often arises as to whether a settlement can be reached after lawsuit is filed. The answer is always yes.
Provided that the statute of limitations has not run, which would make it impossible to pursue a claim, it is always possible to settle a case up through its final determination in the court. Cases are quiet often settled even after trial and while the case is on appeal after one party has lost.
In most cases, litigation does not hamper a fair settlement. On the contrary, it is a means to bring about a fair settlement.
If you or a loved one have a question about the litigation procedures in our state, please contact us by filling out the provided form.