Win My Lawsuit
The course in resolving any lawsuit can be quite daunting, exhausting and frustrating. Unfortunately, getting the greedy and unfair insurance company to concede liability or negligence and pay you fair and just monetary compensation without a fight simply unrealistic. While most claims are settled before the trial date, they are typically settled through mediation or counter offers between the plaintiff and defense.
Whether you are assessing the value of your case or the worth of your lawsuit, you should always keep in mind that the liability bodily injury casualty insurance adjuster was not assigned to your claim to see to it that your are adequately reimbursed and indemnified (made whole) for your loss and injury. Although there are a few insurance companies that are guided by good-faith practices, the reality is that the majority practice and implement delay, disclaim, deny, and defend strategies that are unfair and unconscionable to innocent accident victims. The insurance company is hoping to find any and every possible explanation under the sun to justify delaying and denying your legitimate lawsuit case-claim.
By delaying your case and prolonging the legal process, the insurance company is trying to force you to take a lower settlement far below what your lawsuit case is really worth. They want and expect overwhelming debt to force you and your attorney to settle your lawsuit claim prematurely. Since the insurance company is doing their best to avoid paying you the money that your case is worth, you should do all that you can to win your lawsuit and get the compensation your deserve. The following steps have been helpful for many in getting top dollar.
Get as much information and documentation at the onset of the accident as you can to prove that you are not at-fault for the accident. The insurance company will spend a significant amount of time and money to prove that you were liability, either partially or completely, for the accident. Therefore, it is helpful to obtain any witness information, photographs, and reports to confirm that the accident actually occurred as you stated and that the other party is negligent and liable for your injury.
Most attorneys-at-law will advise you that it is not prudent and in your best interest to give the insurance company representative a recorded statement following the accident. There are far too many instances where the experienced and skillful adjuster manipulated and exploited an innocent and traumatized accident victim in making an unfavorable statement.
Another function of the insurance adjuster and/or insurance defense lawyer is to evaluate your damages or injury. They will scrutinize your initial complaints, diagnostic test results, diagnosis, types of treatment, and consistency and frequency of treatment. Also, they will not hesitate to use any delay or gaps in treatment against you in an attempt to disprove your injury or the seriousness of your injury. Feel free to discuss any and all pain, symptoms, discomforts, and limitations with your medical provider and make sure same is well documented in your medical chart.
Insurance coverage is very important in assessing and evaluating the value of case and the worth of your lawsuit since this dictates the maximum amount of money you can potentially recover from your lawsuit claim. Therefore, all liability insurance policies should be evaluated to determine if coverage would apply in your particular case. This would include any homeowner policies, auto insurance policies of the members in your household, all vehicles involved in the accident, policy of the premises where the accident occurred, and state insurance fund.
Yes, the insurance company will attempt to go after your "character" and personal history in an attempt to mitigate their own exposure. Therefore, throughout the course of your claim, you should be consistently honest and truthful with your attorney and doctor. You want to come across as believable and sincere inside and outside the courtroom. Furthermore, at any and all meetings, you should ensure that you are neatly dressed and well groomed. Be sure that you are polite, calm, courteous, and respectful. Do not bring your sarcasm, arrogance, or temper to your deposition / EBT (examination before trial), arbitration, mediation, or settlement conference.
Remember that if your case does not settle prior to filing suit, there will be future opportunities to settle your lawsuit. Although most lawsuits are in fact settled just prior to trail, it is important to aggressively prepare for the possibility of trial while also looking for settlement opportunities. A stronger trial preparation can and will only enhance settlement opportunities and results.