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HAVENS MALCZYNSKI GRIGOLLA, LLP

How Do You Encourage Your Clients To Settle In A Personal Injury Case?


Prior to even talking about a settlement, we need to make sure that all treatments have been completed. This means that if you are about to start three months’ worth of physical therapy for your injury, we will need to wait until that course of therapy is complete before pursuing a settlement so that we have a full picture of whether or not you will need additional treatment. If we were to settle the case too soon, you could end up with a large medical bill that would have to come out of your own pocket.

We will also consider whether the cost of proceeding to trial would cost more than the case is ultimately worth. Typically, attorneys in the personal injury world work on a contingency basis, meaning they only get paid if the plaintiff recovers money. However, as part of that, there are costs associated with working on these cases and treatments with liens that the doctors work on so that the injured party isn’t paying out of pocket for every treatment. We compare those numbers to the injuries and estimate, based on our experience, high and low values for the case. At that point, we can begin to have settlement conversations. Our number one goal is to ensure that the client gets the maximum amount of money possible in their pocket, so we don’t want the expenses to outweigh the award.

Having been on the insurance defense side of things, we really understand the evaluation process that an insurance company goes through and the process by which they work with their insurance defense lawyers to determine and evaluate a case. With this knowledge, we can facilitate and shape a case into that evaluation process so that we can settle at the right time and push for the most sensible number that is best for our client.

For more information on Settling A Personal Injury Case In California, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (626) 385-6303 today.

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