SETTLING V. FILING A LAWSUIT ON YOUR UTAH CAR ACCIDENT CASE? IS IT WORTH IT?
Whether you should file a personal injury lawsuit regarding your Utah car accident is something to ponder.
(1). Will it get you a more fair and adequate settlement? Or,
(2). Will it only cost more money, time, frustration and case costs for little increase in your settlement?
If a reasonable settlement can be reached, a settlement should be accepted. But most often insurance carriers will not offer full and fair value for your injuries unless a lawsuit is filed. This has happened, time and time again at my office.
See this GUIDE on common timelines in litigated car accident cases.
See this GUIDE on common timelines without litigation.
RECENT EXAMPLES WHERE FILING SUIT FORCED A FAIR AND ADEQUATE SETTLEMENT.
Here are some recent examples where the plaintiff injured party filed suit and received a significantly better settlement. (All injuries and settlement values have been changed, but still illustrate the point).
EXAMPLE 1. Torn Shoulder Labrum Read-Ender Car Collision
FACTS: Rear End Car Collision in Utah County, Center Street, Orem UT 84057.
INJURIES: Torn shoulder labrum on former college football player.
INITIAL OFFER WITHOUT A LAWSUIT: $29,000, then up to $35,000.
LIABILITY CARRIER POLICY LIMITS: $50,000 per person, up to $100,000 per occurrence 50/100.
LAWSUIT WAS FILED: The full $50,000 policy limits were tendered.
EXAMPLE 2. Scooter v. Car, Orem, UT 84057
FACTS: A scooter was impacted by a car near Utah Valley University.
INJURIES: Mild muscle strain, sprain, no positive radiology indicating herniations, etc. Much smaller case.
INITIAL OFFER WITHOUT A LAWSUIT: $0.00. A no offer case.
LIABILITY CARRIER POLICY LIMITS: $25 per person, up to $65,000 per occurrence.
LAWSUIT WAS FILED: An immediate $12,000 settlement offer was received.
EXAMPLE 3. Rear-Ender Neck Ligament Injuries
FACTS: Rear End Car Collision in Utah County, University Avenue, Provo, UT 84606.
INJURIES: Significant ligament injuries to young professional who works in an office setting Incurring large medical bills for physical therapy and injections.
INITIAL OFFER WITHOUT A LAWSUIT: $29,000, $33,000, then a lawsuit was filed.
LIABILITY CARRIER POLICY LIMITS: $50,000 per person, up to $100,000 per occurrence 50/100.
LAWSUIT WAS FILED: Once the case was fully litigated and expert witnesses where designated, the case settled for $50,000 policy limits. Because the underlying liability carrier limits were tendered, a underinsured motorist claim was also presented.
EXAMPLE 4. Car Accident with Significant Physical Therapy Bills.
A very good offer was on the table and was made fast by the at-fault insurance carrier. Client felt the case was worth more. Client files litigation, expends $7,000 in case costs, emotional frustration and time. Case settles for just barely above the pre-filing offer.
DO SOME LAWYERS NEVER FILE LAWSUITS? YES.
There are some Utah personal injury attorneys who never files lawsuits. Let alone try a case all the way to a jury verdict. Hiring an injury attorney who never litigates will get you inferior results.
ABILITY TO HIRE THE BEST EXPERTS.
If you hire an attorney or law firm that doesn’t have the financial ability to hire the best experts to prove up your damages, your case will be devalued by the insurance company. Being in a position in the lawsuit to take it all the way to a jury trial is critical. Sometimes you have to incur expert witness costs to show the other side that you are ready to try the matter to a jury if needed.
If you want a fair and adequate settlement for your physical injuries, hiring an attorney who has the skills to try the lawsuit to a jury and the financial ability to hire the best experts is critical. Without this, your case will be devalued by the insurance carrier.