Law Offices of Kennedy and Brown

Does Having An Attorney Enhance The Likelihood Of Receiving A Larger Settlement?


One of the first things an attorney learns is that insurance companies try to encourage victims to agree to settlements as soon as possible, before they have a chance to obtain an attorney. Oftentimes, victims will have no money after having been in an accident, and will therefore be more wiling to accept small offers. Once someone agrees to a settlement offer, there is no longer anything an attorney can do to help them. This is why anyone with a valid claim should immediately obtain an attorney; doing so will result in an automatic increase in the value of their case.

In today’s day and age, many attorneys who represent innocent victims will never go to trial. The insurance companies are aware of the attorneys who simply try to settle all their cases without being able to proceed through the litigation process. If someone has an attorney who has a reputation of being willing and able to take a claim all the way to trial, then they will have a greater likelihood of receiving a larger settlement.

How Much Does Experience And Reputation Help In Resolving A Personal Injury Claim?

Insurance companies keep a record of information about different attorneys, which includes how long they’ve been in the business, whether they’ve had prior successes in similar cases, and how their reputation holds up in the community. As a result, having an attorney with a strong record of success and a strong reputation certainly enhances the value of a case. Additionally, an attorney who limits their practice to representing victims in accident cases is going to be able to deliver better outcomes for the victims of accidents.

What Are Some Factors That May Cause A Case To Go Into Litigation?

There are several factors that go into the determination of whether a case will go into litigation. If the defendant denies liability right from the start, then it may be appropriate to begin litigation as soon as possible. However, if it’s a case of no fault, then it would be better to wait until the client has finished treatment or at least knows what type of treatment will be needed going forward; this will allow the victim to have a better idea of the value of their case. If treatment has been finished and a settlement cannot be reached, then the case should go into litigation.

What Can I Expect If My Personal Injury Case Goes To Trial?

The litigation process begins with the pleadings section and the filing of the complaint. The defense insurance company would then hire a defense attorney and file an answer to the complaint. The discovery phase would follow, wherein both parties would file and serve interrogatories and requests for production of documents. Next, the plaintiff and defendant would each go through a deposition. The defense would then have the right to have the plaintiff examined by a physician of their choice. Once a case has been filed, it usually takes anywhere from one to two years for it to be ready for trial, and depending on the jurisdiction, it could take even longer.

How Long Will It Take Me To Receive Funds After A Settlement Is Reached?

Once a case has been settled, the defendant or their insurance company should issue a payment within 14 days of receiving the signed release.

What Are Some Tips For Clients To Help Them Get A Favorable Outcome In Their PI Case?

I give client many tips, one of which is the following: if they are injured, it’s not their fault, but if they don’t follow through with their medical treatment or continue providing their attorney with updates on their condition, then they aren’t following the rules and shouldn’t expect to get a settlement. If someone is injured, they need to continue with medical treatment.

It is also important to remember—especially in the age of social media—that discussing the details of their case or posting a lot of information about their life on platforms such as Facebook and Instagram is not a good idea because the insurance companies will be monitoring everything they post. For example, if someone who claims to be injured posts pictures of themselves doing too many activities, then the defense could claim that they aren’t really as injured as they say they are, and this could decrease the value of the case. Simply following the rules will certainly help a case get resolved amicably and with a good amount of damages.

For more information on Larger Settlements With PI Attorneys, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (570) 203-1333 today.

John H. Kennedy, ESQ.

Call For A Free Consultation. Only Pay When We Win.
(570) 203-1333

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