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gb298888 | Do personal injury settle out of court? |
Do personal injures case/lawsuits settle out of court? If insurance companies don't want to pay you why do they settle? Also do the person your suing have any say in the settle or not? Also if the person you are suing wanted to settle, do the insurance company settle? What do they do? |
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bundysmom
 |
You would be AMAZED at the number of personal injury cases that settle on the court house steps, initiated by the plaintiff attorney because they know their case isn't worth much. Insurance companies settle claims daily based upon a variety of factors, but the bottom line is this...they pay more attention to jury verdicts than the lawyers bringing the lawsuits and they only go to court if the case actually SHOULD be heard by a judge/jury. Also, they settle cases daily and have a very good idea of what a case is worth vs. someone who is just greedy, so I really don't get your statement about insurance companies not wanting to pay.
The insurance company, depending on the type of case, may get their insured's input on whether they should just go to court over the whole thing, but it depends on a variety of factors, some being the nature of injury, assets the insured may have, and the credibility of the witnesses involved. |
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jack of all trades
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Insurance companies settle out of court because going to court would cost them more money, if not in the judgment, in lawyers' fees and so forth. If you are suing somebody and their insurance company offers you what you consider a fair settlement, it might be a good idea to take it. But, and this is a very important but, don't sign anything until you've seen a lawyer. Once you sign a release, you can't go after the defendant ever again for anything related to the original problem.
If you have an insurance company that is involved with this, let their lawyers figure it out. It won't cost you any more money than you've paid in premiums. You might want to talk to your insurance agent anyway. He/she might have some tips for you. |
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Phil
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The vast majority of all personal injury claims are settled without a lawsuit being filed, let alone actually go to court. Insurance companies do pay, and claimants (the person who was injured) settle because it is in everyone's interest to close this matter without going to court. You never know what will happen when a case goes to a jury.
The person you have filed a claim against has no impact on whether the insurance company settles with you or not. The insurance company has this authority as part of the insurance policy. Usually the insured person doesn't even know what happened in the end. The only time they can get involved is if this is a lawsuit that exceeds the insurance policy limits, and they have a personal exposure. |
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Jason S
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To answer the second question you have ... typically the person being sued does NOT have any say in whether an insurance company settles or does not settle. Most (if not all) insurance policies state that the insurance company has a right to pay a claim or defend it based on the Insurance Company's judgement. Unfortunately, the Insured may want to fight something because they feel that they are not at fault and want to save their reputation.
Typically, it is cheaper for an insurance company to settle rather than pay a lawyer for months of deliberations and such just to have paid more in lawyers fees and court costs than they would have paid in the first place. |
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MIG
 |
Any non criminal case can be settled out of court. that is why they have court (both parties can't settle) (Un)fortunaty you need a lawyer |
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Debra-Lynn
 |
I've been going through a personal injury claim since Dec 2004. All papers have been settled and forwarded. Unfortunately the insurance company of the defendants have dug in their heels and are stalling even though they have violated closing dates for financial offers to be made. The problem with all of this is that the two competing insurance companies play games and stall each other, yet it is the injured person that suffers needlessly on the sidelines, waiting for compensation that won't change the damage that has been done. |
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Mariposa
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Yes, they can be settled out of court due to lowering costs of the company paying. (The judge could put the judgement higher than they are willing to settle for, then there are court and lawyer fees.) Yes, the other person doess have a say in settling or not if the person (not the insurance company) is the one paying the settlement. |
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mbrcatz
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Personal injury is defamation of character, discrimination, that sort of thing - NOT bodily injury.
Yes, a lot of cases settle out of court, if you have a decent case. If the insurance company thinks you don't have a good case, they won't make you an offer - they'll let the judge decide, because they think he'll decide in your favor.
In any case, the insurance company will NEVER offer more than the policy limit. So if they make you an offer, and you decline, they can't increase it over the policy limit - so YOU would be forcing them to court. They can't tell you what the policy limit is.
The person you are suing for a PERSONAL INJURY case, MIGHT have a say in it. Business insurance policies that cover personal injury are Directors and Officers policies, which CAN contain a clause saying the insured gets a say in whether to offer settlement. But in a BODILY INJURY case, the person you are suing has no say. In EITHER case, they can't make the insurance company offer a settlement if the insurance company doesn't want to.
I suspect you're not really talking about personal injury here, but bodily injury. Different horse. |
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