Settlement or Trial ~ What to Expect

Clients often ask how long does it take to settle a case. We of course want to resolve cases quickly for our clients. However, we also know from our years of experience handling insurance claims that, just as every case is different, some cases settle sooner than others. Some of the factors that can delay settlement are the size and complexity of the case, the number of injured parties, the adjustor’s settlement authority, the insurance company’s claim review procedures, and some adjustors are simply more responsive and cooperative in handling their files than others.

In the typical case, we provide medical reports, doctor bills, prescription expenses, and lost wage verification to the insurance claims adjustor after treatment has concluded. The insurance adjustor will review and evaluate this documentation, and may request additional information before settlement discussions begin.

If a case cannot be settled through initial negotiations, the next step is usually to drafted, served and file a lawsuit in court. The insurance company will then hire an attorney to defend the case. Some insurance policies do require binding arbitration of claims.

The litigation process can take time and be costly. However, the parties can continue to work toward a negotiated settlement on their own, with court assistance, or through private non-binding mediation or binding arbitration. We have the experience to use these tools to best position each case for settlement.

Our firm tries cases to a judge, jury or arbitrator when settlement efforts have been exhausted. The decision to go to trial, like the decision to settle, is always made after consultation with our client, and with the client’s consent.

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