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  1. #11
    Join Date
    Feb 2020
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    750

    Default Re: What Are My Chances of Winning a Lawsuit in This Case

    Quote Quoting Taxing Matters
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    My definition of the term doesn't matter. What I can tell you is that most of the personal injury lawyers in the cities in which I've lived and practiced enjoy trying cases and are happy to go to trial if the defendant — and his/her insurance company — won't agree to a reasonable settlement of the case. They know that if they can get more by going to trial its worth doing it not just because they like trying cases but also because the more they get the bigger their fee is because they take these cases on a contingent fee basis. So the more they get for the client, the more money they make. Sure, there are the firms out there that are settlement mills that rarely if ever go to trial and will only work up a settlement to the point that they get serious resistance from the insurer and then settle. They are not the majority of the firms out there in any place I've practiced, but I certainly don't deny they exist.

    My point here is that the insurance company lawyers know which kind of lawyer they are facing if that lawyer has been in practice for any length of time. They don't need to wait until the eve of trial to know if that lawyer is one who is willing to take cases to trial or not. They don't need to wait until the eve of trial to make a good offer to a client represented by a good lawyer. Sure, there are some instances when, for one reason or another, one side changes its stance on the offer and raises or lowers it right before trial. But more often if a case is going to settle, it'll settle before the eve of trial. So if the OP does get a good offer — one that meets what he's looking for — well before trial he'll probably want to take that offer and get it over with. He won't always benefit by waiting until just before trial. Sometimes things do actually get worse by doing that.
    I beg to differ that your definition of an 'ambulance chaser' doesn't matter because this is a class of lawyer in your industry, and who could describe them better than you. So, a more accurate response would have been "I choose not to speak negatively of other lawyers on this board." ...Which removes you as an objective poster.

    I also disagree with you that most lawyers like to take cases to trial. Take for instance this case, lets look at the costs and returns associated with settling it vs. trying it.

    Say for instance the insurance company offered $100K to settle and the OP's lawyer thought it was worth $200K. The insurance company stood firm so the OP's lawyer encouraged his client to refuse it and to try the case. As soon as they do that their costs and skin in the game start mounting. They will need a $10K medical doctor, a $10K accident reconstructionist and likely a $10K physiologist (to testify to the phycological damage of facials scars) as expert witnesses. They will have depo costs and about 200 hours of attorney and assistant's time to invest. They will have IT costs, court costs, clerical costs and co-counsel costs.

    Now let's crunch the numbers:

    Settling the case at a 33%/66% split would pay medical bills at about $5K, the lawyer about $31K and the OP about $62K. All with very little time and costs invested.

    Trying the case at a 40%/60% split, if they were awarded the full $200K, would pay medical at $5K, costs $35K, the lawyer (after his loss/investment of 200 additional hours of his time) would pay him $64K, and the OP would walk away with about $96K. If they were only awarded the original $100K because the insurance company had a better lawyer, better expert witnesses, the OP's lawyer was lame or the jury thought the OP was gold digging, the takeaway would be dismal. Medical $5K, costs $35K, the lawyer (after 300hours of invested time) would be $24K, and the OP would walk away with about $36K (half of the original, guaranteed amount).

    I do not agree that most lawyers like to puff their chests and try cases. They know the real costs, time and risks involved. Financial risks they rarely lay out to their clients beforehand. Oh, and if they lose completely, who pays each side's costs ($70K)? I'll tell you, the plaintiff does.

    To conclude, the term personal injury lawyers use in advertising is "If you don't win, you don't pay." That is flat out false, and only true if you do not try the case!

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