This past month our firm handled two different cases which both illustrate how to get the best possible settlement for a client in a personal injury case. It is oftentimes said that many cases settle on the courthouse steps. This is true. The reason for this is because if the case is not settled, it will have to be presented to a jury at considerable expense and with great time and effort by all parties. The uncertainty of what a jury might do, either returning a greater award than the defense would like to pay or a lesser award that the plaintiff hopes to get is the basis for compromise. However, unless counsel for a plaintiff who has been injured through the negligence of another is ready for trial it is almost guaranteed that before will not receive the best possible settlement for his or her client.
The two cases we have handled here recently are like many others we have handled in the past. Settlement offers were not made until it was demonstrated to the insurance carrier that counsel was ready for trial and was ready in a professional manner to present the case in such a manner as to likely receive from a jury more than the defense was previously willing to pay. In both cases, no offer was made until the case reached the courthouse steps. If counsel had not prepared the case of trial diligently and professionally through taking videotaped depositions, preparing demonstrative exhibits for the jury, submitting Requests to Charge relative to the legal and factual issues involved, marking all exhibits, subpoenaing all witnesses, etc., the insurance company would likely have gambled and defended the case will full knowledge that plaintiff’s counsel was not prepared. However, once the defense attorney and the insurance company got to the courthouse steps and realized that their adversary (in this case our firm) was prepared to proceed professionally, they offered to settle the matters for the actual value of the cases. In short, they made an offer of what we all along had been willing to accept thus obviating the need for a jury trial.
The main point of this blog entry is to emphasize something that we have known for years but which the public may not fully appreciate. Cases do not settle for their maximum value unless they are properly prepared by experienced trial counsel. In neither of the cases we have referenced, would there ever have been an offer of settlement made at any time unless the case had been properly prepared. Once the insurance carrier realized that plaintiff’s counsel was prepared to proceed in front of the jury and could, in fact, proceed in a professional manner and would make an effective presentation, then and only then did they pay the fair settlement value of the case. Had our firm not been prepared to proceed as professional advocates on behalf of our clients we would not have achieved the best possible settlement for our clients. The two cases that we write about were both very tough cases on liability, which were hotly contested. The insurance carriers may have continued to make no offer if they believed that plaintiff’s counsel was not prepared to put up a strong case. Once plaintiff’s counsel showed up on the courthouse steps with subpoenas, witnesses, exhibits, videotaped presentations and all the other necessary ingredients for a successful trial, the insurance company folded and the clients received fair settlements.
If one is to receive the best possible settlement for a client, one must be prepared to proceed to trial. Accordingly, if a client wants to make sure that he or she receives the best possible settlement in their case, they to make sure that they have a trial attorney that is prepared to present their case to a jury in the event the insurance company is not prepared to make a realistic and fair settlement offer. The best way to insure the latter is to be prepared for trial. Thus, any person injured by the acts of another through negligence or otherwise should always attempt to find an experienced trial attorney to represent their interests. This is the best way of insuring the best possible settlement results in any given case. Moreover, if the case cannot be settled, the client will have the satisfaction of knowing that their attorney can present the case to the jury, hopefully, in such a manner as to insure a successful verdict.
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