Too Many Lawsuits and the Decision to File a Lawsuit
Many people believe that our courts are burdened with too many civil lawsuits. They think that personal injury lawsuits lead to an increase in their insurance rates or that "personal injury trial attorneys" often pursue meritless, frivolous cases leading to the destruction of our legal system.
What is the genesis of this thinking? Here's the surprise, the advertising, and (mis)information spewed by the insurance companies. Well, that's not really a surprise! Practically every ballot initiative attempt having to do with limiting damages paid to injured persons has been funded by the insurance companies. Insurance companies say that lawsuits lead to the increase in insurance rates and premiums. Wait, does that make sense? Insurance companies want people to pay less for insurance? Of course not, it is ridiculous. They want to make more money, they WANT rates to be higher.
- If one of their drivers causes an accident resulting in an injury and medical bills, if they can get out of paying that bill THEY WILL.
- If they can get away with paying less than the full bill, THEY WILL.
- If they can completely deny responsibility for any medical bill, THEY WILL.
After the insurance company has denied part of their liability or their entire responsibility, a client has a decision to make: accept whatever the insurance company deems as reasonable (sometimes nothing), or fight for fairness by filing a lawsuit with the court.
If cases are well prepared and expertly presented (speaking for my firm), most will be settled without the need of filing a lawsuit with the court. But, some cases will require the filing of a complaint, and may require a trial or other court proceeding like mediation or arbitration.
The decision whether or not to file a lawsuit or proceed to court is the decision of the client. Counsel, information, and a recommendation will be given to the client, but the decision belongs to the client. Our office is experienced and prepared to take your case as far as necessary to achieve fairness. Contact our office today for a free initial consultation.