What Are Some Reasons To Reject A Personal Injury Settlement Offer And Take A Case To Court?

Only a Small Percentage Of Personal Injury Cases Go To Trial. Why?

Throughout your personal injury case, there will likely come a time when you and your lawyer decide to reject a personal injury settlement offer from the defendant or their insurance company. This offer to settle may come in anytime – from before you even file the lawsuit to after the start of your trial.

Let’s be honest, when you receive a proposal that could result in a check in your bank account right away, it can be tempting to take the money and run. After all, you have been suffering, whether it be physically or financially, since the time of the accident.

The overwhelming number of personal injury cases do, in fact, settle before trial. Based on an analysis by the Bureau of Justice Statistics, Americans file over 400,000 personal injury lawsuits every year. Of those, approximately 96 percent end without the need for a trial.

That means that only about four percent of personal injury claims go through a full trial to the point of a jury verdict. While some personal injury suits may end by a pre-trial ruling in favor of one side of the other, most personal injury cases conclude through a settlement that provides a mutually agreed amount of compensation to the injury victim.

So what about that four percent of cases that go all the way to court? There are several reasons why a personal injury plaintiff may reject a settlement offer and take their lawsuit to trial before a judge or jury.

Understanding The Personal Injury Settlement Process

A settlement is an agreement between the plaintiff (the injury victim) and the defendant (the party responsible for the accident and injury) in which the defendant pays an agreed-upon amount to the plaintiff in exchange for dismissing the lawsuit. But in most injury cases, particularly in Colorado car accident lawsuits, it isn’t the defendant who will personally pay the settlement. That money will come from the defendant’s insurance company.

Read More: How Is A Settlement Paid Out From a Personal Injury Lawsuit?

Why An Injury Victim and Their Lawyer May Reject A Personal Injury Settlement

At any point after the accident, the plaintiff’s lawyer begins negotiations with the insurance company by demanding a specific sum to settle the case. The insurance company may counter with a lower figure. During these settlement discussions, each side will try to convince the other that the facts and law are in their favor and that the other party has an unrealistic view of the value of the case or chances of prevailing before a judge and jury.

Even when there is a considerable gap between a plaintiff’s demand and a defendant’s offer and each party believes that they have a strong case, a personal injury claim may settle because going to trial is both costly and risky. No matter how rock-solid each party thinks their position is, a judge or 12 jurors may see things differently. On the one hand, a defendant may be looking at a massive judgment for an amount much larger than they could have settled for. But on the other hand, a plaintiff could get nothing at a trial after turning down a lot of money during settlement talks.

And yet, despite these risks, some plaintiffs and their lawyers decide to turn down an offer and go to trial. There are several reasons why the parties may push forward.

The Insurer Likes Their Chances

Sometimes, the defendant or their insurance company believes that the amount the plaintiff is asking for in their settlement demand doesn’t reflect the actual likelihood that the plaintiff will prevail at trial or that the demand is greater than the expected costs of going to trial.

The Offer Is Ridiculously Low Given The Facts Of The Case

Conversely, the injured party and their attorney may believe the amount offered by the defendant for settlement is not enough compensation, in light of the known risks and perceived jury award ranges for that type of case. They may believe there is a strong enough chance to get a higher judgment at trial to justify the time-commitment and risks in taking the case to trial.

The Insurer Denies All Liability And Makes a “Nuisance” Offer

The defendant and their insurer may deny all liability for the plaintiff’s injuries and believe that the evidence weighs strongly in their favor. If that is the case, a Colorado accident victim can expect to receive a “nuisance” offer of a paltry sum just to make the lawsuit go away. The insurer may also make such an offer if they dispute or doubt the nature, cause, or severity of the plaintiff’s claimed injuries.

The Best Colorado Springs Personal Injury Lawyers Are ALWAYS Ready To Go To Trial

While it is true that most Front Range personal injury cases settle before going to trial, the best personal injury attorneys in Colorado Springs understand that they always need to be ready for trial. If an insurer has the impression that your lawyer is just looking for a quick settlement or doesn’t appear ready or willing to take the case all the way through trial, they will make an inadequate settlement offer, hoping that the injured person may take the bait.

Because of the deceptive practices of insurance companies, it is vital that you retain a personal injury attorney who will work tirelessly on your case. This includes approaching all personal injury cases as if they will wind up before a jury, even though most do not.  By aggressively preparing for trial and building the strongest possible case, you can be assured that your attorney is giving you the best chance of obtaining the maximum amount of compensation for your injuries. Doing so will put the defendant and their insurer on notice that you are willing to fight for the compensation you deserve.

King & Beaty: Aggressive and Committed Colorado Springs Personal Injury Lawyers

You could leave tens of thousands of dollars on the table if you accept a lowball settlement offer and don’t hire an experienced Colorado Springs personal injury attorney to negotiate a settlement on your behalf. At King & Beaty, we won’t let the insurance company nickel-and-dime you and will work to ensure that you receive the maximum amount of compensation available for your losses. Please contact us today to arrange for your free initial consultation.