The decision of whether to settle a case pre-suit or whether to file a complaint should not be decided quickly but should be based on an evaluation of numerous factors. Some attorneys may tell you that you can get a larger total settlement if they file suit but is it really in your best interest to file suit?
For example, in a personal injury case, if you file a suit:
1) The attorney’s fee increases after you file suit to 40%.
2) Your cost increase after you file suit (filing fee, depositions, mediations, etc).
3) After you file a suit, you will have to sit for a deposition. This will require you to take off from work in order to attend as they typically run several hours long;
4) You will have to continue to go to the doctor to substantiate any claims for future medicals (which will increase doctor liens or subrogation amounts claimed by your health insurance company).
5) Your case will continue unsettled for a year or more.
6) The insurance company will thoroughly examine your medical and employment background.
7) You could always settle and end up with less money. At the Law Office of JJ Talbott, we aggressively fight for our clients both pre-suit and once a suit has been filed.
We believe that the decision of whether to file suit should be based on an evaluation of many factors and not just whether you can settle for more money. If you have questions about your case, call the personal injury attorneys at the Law Office of J.J. Talbott for your free consultation.