To Litigate or Not to Litigate, that is the Question!

After a car accident, you should be focused on one thing and one thing alone – getting resolution for your pain symptoms. This means that a lot of your time will be dedicated to appearing (and driving to!) the doctor’s office. The end goal of this hard work is to not only feel better but to also substantiate your claim for personal injury against the at-fault driver’s insurance company. If successful, the insurance company should be willing to reimburse you for medical expenses, wage loss, and to pay you for the pain and suffering you were forced to endure as a result of the crash.

Sometimes, unfortunately, this series of events requires a bit of luck or an insurance adjuster in a great mood. Often, the insurance company will respond with the dreaded lowball offer. In other words, you may have been involved in a serious collision and incurred thousands (or tens of thousands) of dollars in medical bills and wage loss. If the insurance adjuster does not see the value in your case, he or she will often make a minimal offer hoping that you will just take it and go away.

This is a frustrating situation. You have already experienced pain as a result of the collision. You have already been forced to endured months or years of medical treatment to get better. You are out of pocket quite a bit of money from bills and lost wages. Now, this insurance adjuster whose sole job it is to save this multimillion-dollar company money refuses to pay you your fair share. In this instance, many times, the only real solution is to file a lawsuit against the at fault driver.

To litigate or not to litigate, that is the question. When you retain a personal injury attorney, we focus on what is in your best interests. Ultimately, it usually comes down to a cost-benefit analysis. If we file a lawsuit, will we win enough to offset the increased fees, costs, and time that will be required to reach final resolution. Before any final decision is made, your dedicated personal injury lawyer would have a meeting or phone call to answer all the questions. We would outline all the options in detail so that you can feel you are making an informed decision.

Sometimes, if the insurance company’s offer is “good enough,” clients often feel that the risks and time associated with litigating a personal injury claim just isn’t worth it. In those cases, we do our best to maximize the prelitigation settlement offer to ensure our clients can walk away with the most possible money for their claim. Other times, our clients are willing to take the chance in litigation, which means often spending money and time with the hope of walking away with a fairer resolution for their claim.

If you have been involved in a car accident or suffered another injury at the hands of a third party, please contact the experienced litigators at the law offices of Magnuson Lowell. 

P.S. Our team will provide you the information and recommendations you need to make decisions appropriate for your case. Call today for a free case evaluation!

Share this post!