Sometimes, and the mechanism by which it works is almost nothing like what people expect. Most people imagine that filing a lawsuit is an escalation — a way of signaling seriousness, of turning up the pressure, of forcing the insurance company to pay attention to a claim they have been ignoring or undervaluing. That intuition […]
Does Getting a Lawyer Make My Case Settle Faster or Slower?
The honest answer is both, depending on which part of the process you are asking about, and understanding why requires understanding something fundamental about how insurance companies think about claims. If you are asking because you are trying to decide whether to hire an attorney, or because you already have one and your case feels […]
How Do I Know If My Settlement Offer Is Fair?
The honest answer is that you probably cannot know on your own, and the reason you cannot know has nothing to do with intelligence. It has to do with information. Evaluating a settlement offer requires knowing what your case would likely produce at trial, what comparable cases have settled for in your jurisdiction, how your […]
When Do Insurance Companies Decide to Settle a Case?
If you have a personal injury claim pending against someone else’s insurance company, you are probably wondering why nothing seems to be happening, or why the insurer made an offer that seemed insultingly low, or whether they will ever make a serious one. The process feels opaque from the outside, and that opacity is not […]
Why Do Most Personal Injury Cases Settle?
The number most attorneys cite is somewhere between ninety-five and ninety-seven percent of personal injury cases settle before a jury ever decides them. If you are in the middle of one of these cases right now, that number probably sounds reassuring on one level and unsettling on another. Reassuring because it suggests most people get […]
What If the Accident Made a Pre-Existing Condition Worse?
If you had a prior injury, a chronic condition, or a history of treatment for the part of your body that got hurt in this accident, you are probably worried about what that means for your case. Maybe you had a bad back before the crash. Maybe you had a prior knee surgery, a history […]
Can I Recover for a Pre-Existing Injury That Got Worse?
Yes. This is one of the most misunderstood areas of personal injury law, and the misunderstanding almost always runs in the same direction: people who were injured in accidents assume that because they already had a bad back, a prior knee surgery, a history of migraines, or some other pre-existing condition, they have a diminished […]
Should I Wait Until I Reach MMI to Settle?
If you have been talking to a personal injury attorney, you have probably heard the term maximum medical improvement, and you may have been told to wait until you reach it before settling your case. That advice is correct, and it is worth understanding exactly why it is correct, because the reasoning behind it will […]
Can Medical Bills Be Negotiated After a Settlement?
Yes, medical bills can be negotiated after a settlement, and in many cases they should be. If you are waiting on your disbursement check and wondering why the numbers on your settlement statement do not add up to what you expected, the answer is often sitting in the lien column. What most people do not […]
What Is a Medical Lien Letter of Protection?
If you were injured in an accident and you do not have health insurance, or your health insurance has refused to cover your treatment because the injury was accident-related, you may have been told by a doctor’s office or a specialist that they will treat you on a letter of protection. You may have even […]
