When a person is injured, the first questions usually asked to a personal injury attorney are “how much money am I likely to receive” and “how long will the process take”? Both of these questions require speculation by the attorney because there is no standard amount or timeframe concerning recovery.
With respect to how long the process takes, each case is unique. As a result, typically defendants and insurance companies are not willing to enter into discussions concerning a settlement for a reasonable amount until a lawsuit has been instituted. The discovery process typically consists of fact-finding, gathering of information concerning an accident, depositions of those with information concerning the accident, interrogatories, and other investigation.
We represent a client and a personal injury case, we typically work hard to expedite the discovery process, with the goal of reaching a fair settlement is early in the process as possible. To do so, we must prove to the defendants and their insurance companies why they are liable for the injuries sustained, as well as the true measure of damages. In many cases, once it becomes clear through the discovery process that the defendants are liable for the damages sustained, they are then willing to enter into settlement negotiations for a reasonable amount.
However, this is not always the case. In some cases, defendants and their insurance companies will seek to go to trial ( or at least not enter into settlement negotiations until just prior to a trial). If the defendants and their insurance companies are not willing to settle for an acceptable amount, we are well prepared to go to trial and seek to prove liability and damages sustained by our client in front of the jury.
At Fein, Flynn & Associates we stand shoulder to shoulder with our clients.