There is a chance that you will have to proceed to trial in order to recover damages if your Orange County personal injury lawyer cannot secure a satisfactory settlement from the insurance company. If this is the case, the party that caused your injury, not the insurance company, will be named as the defendant in your lawsuit.
Your attorney may recommend giving the insurance company a grace period before proceeding with litigation. With a court case looming, insurance companies may be more willing to settle, especially if the initial disparity between the amount you seek to recover and the settlement offered was not too big.
There are circumstances that may lead the insurance company to resist settling, making it more likely you will need to file a lawsuit to recover damages:
- If there is any question of liability in the case, i.e. the insurance company believes that your injury could be at least partially your own fault.
- If the insurance company believes that you are inflating your case by claiming recovery for unnecessary medical bills, etc.
- If the insurance company has suspects you of lying about your injury or its severity (i.e. suspects you of fraud).
- If the insurance company believes that by stalling, it can force you to take a lower settlement.
If you need help with your personal injury case, contact Orange County personal injury lawyer Samer Habbas for a free evaluation.