Hiring an attorney that is an aggressive litigator has many advantages in a personal injury case. If you file a lawsuit immediately, the quicker you can start the discovery process of litigation. Discovery is the portion of the litigation process where the parties are free to investigate the claims and defenses of their respective cases. A common adage is that lawsuits are won through discovery. This is very true for the most part. A skilled litigator will be able to strengthen his client’s case during the discovery process by seeking the right information and defending the disclosure of potentially harmful or irrelevant evidence.
The insurance adjuster will view the claim as serious
If you file a lawsuit quickly in the claims process, the insurance adjuster might take the claim more seriously. Insurance adjusters know that a good attorney will not want to litigate a bad case. So if it appears that the attorney is “excited” to litigate the case, it must mean that the case is good and the insurance adjuster better settle the matter before it inevitably reaches a jury. There are very few things that scare insurance adjusters more than the threat of litigation. Insurance adjusters (in theory) are supposed to protect their insureds (their clients). That is why people carry insurance, after all, to protect themselves from financial liability. Oftentimes, when a lawsuit is filed the claim is reassigned from a pre-litigation adjuster to a litigation adjuster.
Litigation adjusters are usually more in tune with the potential outcomes during the litigation process and therefore more often than not are given more authority to settle cases for more money than pre-lit adjusters. Litigation adjusters are the insurance companies’ last line of defense before a matter is taken to a jury. If a matter is taken all the way to a jury and the jury renders a verdict in favor of the Plaintiff, the insurance adjuster has failed at their job to protect their insured. This is obviously not good for the insurance companies or the insurance adjusters, so they try to limit their exposure by trying to settle more aggressively during the litigation process.
Forcing the insurance companies to settle
During the litigation process, the Defendant’s insurance company will be forced to retain an attorney or lawyer to defend their insured. This can also be good when it comes to settling your case. The reason being is that attorneys and lawyers have a better understanding of the law than insurance adjusters. They know the strengths and weaknesses of a case and will recommend to the insurance adjusters that the case be settled rather than decided on the merits if they do not have a good case. If a Plaintiff has a good case, then the defense attorney has a bad case. They face the potential of a loss, which they would prefer to avoid. A loss to a defense attorney is not good for their record and insurance companies will avoid hiring attorneys that have a bad defense record. So the best possible solution to them might be to settle for a lot of money.
Contact our law office
If you or someone that you care about has been injured in a car accident, slip and fall, or other premise liability incident, you should not hesitate to call attorney Brian Boyer. He will litigate your case as quickly as possible to increase the value of your case. This will result in a better outcome. Call us today! We make house calls.