I am not a lawyer and I am not a medical expert, but I did spend eight long years fighting my own insurance company in person, in mediation and in court, because an uninsured motorist hit us from behind injuring both myself and my passenger and totaling our vehicle. I won my case against the insurance and this victory is a matter of public record, which anyone can check and consider that if you were in a car accident, which was NOT your fault, you will beat any insurance in court. How can you do this, is the subject of this website. Follow these links for questions on: car accidents | adjusters | lawyers | courts.
I hope this website is helpful to you and I hope you win. Godspeed!
Years after our case with Nationwide was settle it was brought to my attention again the reasoning behind some of Nationwide’s tactics. Namely the very aggressive attempts to settle the case in mediation and NOT going to trail. So the reasoning for this is because when this happens with an OUT OF COURT settlement, it is OFF the books. And it’s like nothing happened. The insurance company gets off the hook and they don’t have to admit their mistake on public record. So next time you are pressured by both lawyers (meaning yours as well) to settle with a mediator and you feel something is not right, trust you gut instinct. If you are not being treated right, take the extra steps and go to trail if needed. This is your right to have your day in court. The outcome of the case may not be much different, but their is a justice in knowing you have done the right thing and brought the accountable ones into the light.
If you are the person who is struggling with whether of not to sue an insurance company there are a few things you can consider.
First, you have to get over any negative feelings you might have towards lawsuits. Unfortunately, the way the system is set up, at times there are no other options, but to bring suit in order to be compensated at all.
If the insurance company is not willing to work with you and are not even willing to cover your medical expenses, they leave you with no choice. You should consider suing if you feel like you have tried all attempts to get the insurance company to work with you and they are not.
If you feel you have just cause with proof you are the victim you should considering suing. If you are suing because you are greedy, you should be ashamed and this will more than likely bit you in the butt. You should never sue because of greed. The system is thankfully set up to weed out this type of scam artist.
Even after you have retained a personal injury lawyer, you are still the boss. After all, you are paying for their services one way or the other. Knowing your rights will keep you ahead of the game and will potentially allow for your case to bring a greater settlement. Most of the times, lawyers do not need to work for a greater settlement, because they are guaranteed a payment regardless of the settlement amount and the less time they invest and the less work they have to put into the case, the better for them.
If you see that your lawyer is attempting to use forceful tactics to make you settle this is unethical. They have sworn an oath to fight for their client and intimidation is not ethical. If you are a younger person you can be assured that your lawyer will entice you with a small quick amount hoping you will settle. But be aware that this is just another tactic and you have the right to not accept the first dollar figure that is presented to you.
You have the right to a second opinion.
You have the right to determine if you want to sign a document.
You have the right for a time of mediation.
You have the right to your day in court.
You have the right to fire your lawyer.
Therefore, if you let your lawyer know up front that you are not afraid to take your case to court they will see you are serious and perhaps fight hard to get you a larger out of court settlement. Remember that lawyers much prefer out of court settlements because this goes as a win on their record as opposed to a possible loss in court.
The truth is that your lawyer cannot tell you, but only advise you to do something.
Don’t be bullied into anything you don’t want to do, even if this includes signing a document that you are against. You have rights. If you think something is fishy about your lawyer’s conduct, then don’t hesitate to get a second opinion.
The answer to this is of course unknown. There are so many variables and unknowns to consider. If you have a trial by your peers, the case is worth whatever they say it is worth and if you have a crummy lawyer whom does not present properly your case you could go backwards in your settlement amount. Yet, you do get the satisfaction of your day in court.
Regardless, for us, personally being faced with no other option, we did receive more by going to court. But what your lawyer is not going to specifically point out is that when you go to court whatever medical bills the insurance company has paid this amount will come out of your final settlement and this is not before he/she gets there percentage.
So basically it will look like:
Court awards $30,000
Minus – Lawyer fee of $10,000
Minus – Medical covered by insurance of $5,000
Minus – Court fees and expenses of $5,000
AND YOUR TOTAL = $10,000
So consider if you are willing to take a chance with the court system. Do you have a winnable case? Do you have a good lawyer? Is the insurance company leaving you with no choice?