Court or Settle
October 2, 2012
Question: Joe, when you are examining a case or questioning whether it should go to court or whether it’s worth settling? No one has a crystal ball of course, but based on your experience and your wisdom from over the years. How do you make those determinations and what’s the conversation you have with the client to say this has to go to court?
Joe: Well, it used to be that you would have some deliberation and there would be a lot of discussions with insurance companies. But certain kind of cases now, by certain insurance companies, they make the decision for you. There are insurance companies out there that will not settle cases period, unless they go to court. So, that makes my job easier because we know regardless of the injury and regardless how the accident occurred, where it happened or how it happened, they insist on making the case go to court. Then there is the other group of cases where the people are very, very seriously injured. Bad construction site accident or sometimes medical negligence or bad car crashed and those cases go to court because of the damages you have to prove. Insurance companies are very reluctant to settle cases where is that kind of injury involved.
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