Everyone would love to settle their case without having to wait for litigation to run its course. I always make an effort to present a demand package to the insurance company prior to filing suit on a case. However, I most often find that the response from the insurance company is such a low offer that I cannot advise my client to accept it. At the Law Office of Kevin L. Hoffkins, I almost always find it necessary to file suit on my cases.
I have found that offers of settlement on cases go up dramatically after I have filed suit. To get a better settlement of your case, call me at the Law Office of Kevin L. Hoffkins to arrange a free consultation.
I never file a demand package until my client’s doctor has said that my client has reached their maximum physical recovery. You never want to settle before this, for you might uncover additional injuries after you settle. Once you settle, you cannot go back and ask for more. If an offer is made that my client likes, I am happy to accept it for them. However, I often find that their initial offers are unfairly low. I also find that if I take the same case and file suit, my offers go up dramatically. For example, I recently had a case where I filed a demand on the insurance company and received an offer of Twenty-One Thousand Dollars. After filing suit and engaging in some motions, I was able to get the Insurance Company to offer Eighty Five Thousand Dollars. I have numerous similar examples of this in my practice.
Filing a lawsuit is no easy task. You don’t want to try to do it on your own. You must follow the rules concerning service of process on the defendant. In many cases, searching out the proper defendant is no easy matter either. For example, in an auto accident case, if the driver is not the owner of the vehicle or listed on the insurance policy, you have to apply the proper legal doctrine in naming the defendants. This could be the family car doctrine or one of agency. The family car doctrine only applies if the owner and the driver were related and lived in the same household. Of Course, once you file a case in Court, there are many other rules and procedures that must be followed. If these rules are not followed, this can result in your case being dismissed.
Another big factor that helps me get better settlements when I file in Court is that I have a reputation with the insurance companies as someone who can litigate and try a case. The insurance companies know who the attorneys are who can litigate a case to conclusion and who cannot. My credibility with the insurance companies and their attorneys goes a long way to helping me get fair settlements for my clients.
Individuals who try to settle their own cases without the help of an attorney just can’t get the same results. Insurance companies will often say that you will net less from their offer if you have to pay an attorney their fee. But look at the numbers above. I got more than four times the original offer. Clearly, clients will do better by working with an attorney who has a strong reputation with the insurance companies, such as myself. Unrepresented individuals are also limited in how much they can get from the software program that the insurance companies use to generate a first offer on a case. The adjuster has been given a set amount to offer and has little ability to offer more to an unrepresented individual.
To get a better settlement of your personal injury claim, contact me at The Law Office of Kevin L. Hoffkins to see how I can help you get a fair settlement for your injury.
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