As you begin the process of trying to figure out how to put your life back together following an accident, one of the things you need to direct some real thought to is setting a goal. Remember in our civil system of justice the only thing an attorney can offer you is money for your damages and injuries.
Many times clients are angry. Rightfully so, as they have suffered economic losses, incurred medical bills and sustained injuries. While it is important for you to explain how you feel to your attorney you need to understand the limits of the attorneys power. Don’t expect to walk away from your claim or lawsuit feeling vindicated for the wrong committed against you. While that might occur, typically the dollars given to you by an insurance company to settle a claim are just that, a “settlement”. The word settlement is defined as an agreement resolving differences. In order to resolve those differences, both sides must compromise.
Yes, you can simply file suit and begin a scorched earth campaign. However, lawsuits are fraught with risk. If you lose your case you will be responsible for paying the costs of the defense. Should the defense file a proposal for settlement and you fail to recover at least 75% of that amount you could also be responsible for the attorney fees of the defense. Can you imagine, getting into an accident that was not your fault and having to pay all your medical bills and expenses and also pay the defense legal fees and costs? Talk about a bad day!!
Understanding the limits of your claim and the risks involved and having an honest conversation with your attorney will help you make an educated and informed decision about how to handle your claim. We are here to help you make that good and informed decision, please call us at Wittmer | Linehan.