The reasonable resolution of a personal injury claim implies the dispersing of a fair compensation to a given injured victim. Two factors determine the answer, regarding the chances for such a resolution. The degree of influence for either factor differs with each case.
What are the 2 factors?
The influence of one factor depends on the answer to this question: What sort of injuries did the victim sustain? Someone with severe injuries is apt to experience a great deal of pain and suffering.
The influence of the other factor depends on the answer to this question: What amount of insurance is available as compensation? The insurance company has no obligation to pay a large amount of money, if the policyholder has paid for only a low level of coverage.
Suppose the insurance company makes a low offer?
The claimant/victim is not required to accept that particular offer. All claimants enjoy the right to file a lawsuit against the person responsible for the injury-causing accident. Yet, that might not be the best course of action.
Why should a claimant think twice about filing a lawsuit against the responsible party?
The mere filing of a lawsuit does not guarantee the claimant’s ability to obtain a fair compensation. The defendant might not have an insurance policy with a sufficiently large coverage. Worse yet, the defendant might not even have any insurance.
Injury Lawyer in Cambridge knows that if a defendant has no insurance, then the person suing that same defendant must go after the defendant’s assets. Often, someone that has failed to buy insurance does not have much in the way of assets.
So, in light of the influence of a defendant’s insurance coverage, what can be gained by filing a personal injury lawsuit?
Once a claimant in a personal injury case has filed a lawsuit, the insurance company has reason to believe that the same claimant has a strong case. Lawyers seldom encourage their clients to file a lawsuit, unless the client’s case does not have any glaring weakness.
If an insurance company’s adjuster suspects that a claimant has a lawyer that stands ready to fight for the claimant’s ability to receive a fair compensation, then that company’s insurer tends to favor settling, over fighting it out in court. In other words, the influence of the claimant’s injuries begins to equal the influence of the insurance coverage.
Of course, the level of the coverage remains important. Someone with a low level of coverage can never hope to receive a large amount in the way of compensation. That fact holds true, regardless of the severity of the policyholder’s injuries. Still, the filing of a lawsuit does allow for scheduling of a trial, and the awarding of fair compensation.