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What Roadblocks Prevent a Personal Injury Case from Settling?


Accident victims and their families need financial compensation after an accident. Car wrecks, dog bites, and slip and falls leave people with significant injuries that warrant expensive care, and even someone with a gold-plated insurance policy might be unable to pay for all care. Call Stewart Miller Simmons Trial Attorneys.

Our experienced team settles hundreds of personal injury cases each year. We credit our decades of experience in the trenches of personal injury law, as well as our skill at navigating the shifting legal landscape. However, there is a small number of cases which are unable to settle in any given year. Why? Below, an Atlanta personal injury lawyer looks at the major reasons. Call (404) 529-3476 to speak with our office.

Disagreements about Fault

A defendant only has to pay compensation if they are to blame for the accident. Disputes involving fault are common after many collisions. For example, you might have been struck while trying to merge on the highway. The driver who hit you claims you should have waited until enough space opened on the road for you to merge safely. Based on your memory, there was enough room to merge, but the other driver was speeding.

These kinds of disputes can bring negotiations to a halt. Sometimes, we can convince the other side to see the dispute our way. We can introduce evidence, such as witness testimony, that shows you are not to blame for your injuries. But if the defendant disagrees, they might dig in their heels and refuse to settle.

Disputes Involving Comparative Negligence

Under Georgia law, a plaintiff’s own negligence will reduce their compensation by a like amount. So if you are 33% to blame for a car or pedestrian accident, then you will get only 2/3 of your damages at most.

In some cases, a defendant cannot receive anything. Under the law, you will receive nothing if you were 50% or more to blame. Unsurprisingly, defendants have an incentive for putting most of the blame onto the victim’s shoulders. If successful, they can get out of paying even a dollar to a badly injured victim. Some defendants gamble and claim that a victim is more to blame than they really are.

The Defendant Has No Resources

A defendant won’t settle if they have no money to pay a settlement. Motorists in Georgia should carry liability insurance, but a large percentage are currently uninsured. If they don’t have cash in a bank account, then they will probably refuse to come to the bargaining table in good faith. They will likely reject any settlement offer out of hand.

The Defendant Doesn’t Think You Are Injured

Defendants will also refuse to settle if they believe you are exaggerating your injuries and pain. For example, a driver could have hit you at low speeds in a parking lot. You end up suffering a serious concussion in the fall, which leaves you bedridden with headaches and ringing in your ears. The defendant simply does not believe that your fall to the ground resulted in this dramatic concussion, so they refuse to pay. The risk of not settling is greater when injuries are internal and don’t show up on tests.

Inexperienced Defense Counsel

We usually negotiate with the defendant’s insurance company. If you were hurt on someone’s property, for example, they might have homeowner’s insurance. We can negotiate directly with the insurer for a settlement. The same is true of most car accident cases.

These insurance companies handle a heavy volume of claims, so they have a good idea when the evidence strongly shows their insured is at fault. They are obligated to settle when liability is clear.

Sometimes, however, a defendant is represented by their own attorney, who might lack experience in personal injury. Novice lawyers often can’t accurately assess the evidence, so they think the evidence is weaker than it is. They might force us to go to trial because they are overly confident in their defense.

Options When a Case Does Not Settle

What do we do if settlement negotiations hit a roadblock?

1.       Mediation. This is a type of guided negotiation. A neutral mediator can listen to each side explain the dispute and then offer their unbiased perspective on the case. They can also propose ways to find common ground. Mediation is voluntary in the sense that the mediator doesn’t act like a judge. They can’t “force” you to accept a resolution. However, you will probably have to at least attempt mediation if you can’t settle.

2.       Additional defendants. There might be more than one person at fault for the accident. For example, you might have been struck by a taxi driver. Although the driver has no resources to pay a settlement, their employer (the taxicab company) should. We can usually sue an employer whenever their worker injures you while on the job. Bringing a claim against an additional defendant is one way to receive compensation.

3.       Litigation. We might also need to file a civil lawsuit against the defendant when negotiations falter. Litigating a claim all the way to trial is not ideal. It takes longer, and there’s a risk we might not win. Nonetheless, it’s the sensible option if we believe the defendant is being unreasonable in their refusal to settle. Our firm can handle all aspects of litigation, including discovery and pretrial motions. In a jury trial, the jury will apportion fault and determine the injured victim’s damages.

These are the most likely options when settlement talks hit a roadblock. Your legal team at Stewart Miller Simmons Trial Attorneys will use every tool in our toolchest to win favorable compensation. We have won billions for people just like you who needed compensation after an accident which isn’t your fault.

Schedule a Consultation with a Personal Injury Attorney

The best way to strengthen your injury claim is to reach out quickly to an established personal injury law firm. Give our office a call, (404) 529-3476, to schedule your complimentary consultation with a personal injury attorney.

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