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Litigation vs. Settling: Going to Trial in Personal Injury Cases

A big question from our clients is how do we know if we should settle or go to trial. Number one, we always want to make it clear that ultimately it’s up to our client. You will never get pressure from us to go to trial however, we are always willing to go to trial when we feel like the insurance company is not offering our clients what they ultimately deserve. We keep our clients updated every step of the way and the first thing we always look at how much insurance is available. If the other side is going to pay the full amount of the policy, then there really is, for the most part, be no reason to go to trial if it typically ends with a full policy settlement. However, if there’s a big policy or an insurance company is low-balling our client and not paying them what they should out of that policy, then we talk to clients. We say “Hey, we think your case is worth more than what they’re offering” or “We think this is appropriate”. We update them and educate them on the risks associated with going to trial. How strong we feel the case is, everything you can imagine, we have strong and long consultations with our clients. Ultimately though, it’s up to our client. Depending on how risk-averse they are, it will be their decision to make. But they’ll have our support either way, no matter what they choose.

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