When it’s Time to Go to Court
In the event that your attorney and the insurance company cannot mediate a reasonable agreement as to the dollar amount you should receive in your settlement, it may be necessary to commence litigation.
Litigation is popularly referred to as a lawsuit. In most cases litigation is against the individual, parties or company who are responsible for causing the injuries, and not against the insurance company itself.
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Attorneys often recommend that the client wait a certain period of time prior to starting the litigation process to see if the insurance company will decide to make a higher offer for the settlement amount.
The insurance company may have other reasons for not wanting to pay out a settlement to the client:
Besides the argument that the claimant is asking for too much money for the case, the company believes the responsibility lies with the claimant themselves.
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There may be a policy in place that automatically makes the settlement process very difficult and pretty much requires litigation, which do not pursue as it is a hassle to the claimant.
Sometimes the insurance company will not settle in an attempt to buy some time and see if the clients and their attorneys will ask for a reduction in their settlement claim.
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There are times when the insurance company does not believe that the claimant was injured as badly as they say, or at all, and wishes the client to prove the injuries.