All clients want to know, will there be an opportunity to settle their case short of trial. The short answer is yes, there will be a number of them. But let me tell you what has to happen first.
When we first start your case and open the file the first thing we do is contact the insurance company for the responsible party, initiate and maintain a relationship with those people. They’re the ones that ultimately will control what the settlement offers will be. But, no settlement can be discussed until we understand how this accident has affected you. That means we know all the treatment that you’re going to need (and have) and how it’s affected you.
Once you’re medically stable, once we understand from you and your doctors what your medical future holds and whether you’ll have any residual symptoms, we can then begin the process of discussing settlement. We get all the information about your claim, your medical bills, your medical records, your wage loss documents, to the other side, and open settlement discussions.
Oftentimes that point won’t come until we’ve already filed your lawsuit and we’re into the litigation process. If we are, normally, both sides will agree to sit down with a neutral third party called a mediator and have settlement discussions to see if your case can get resolved at that point. If for some reason it doesn’t, there’s always an opportunity for attorneys for both sides to keep discussing settlement all the way up to trial, and even during trial.
So yes, there are numerous opportunities to settle short of trial.