Most cases settle without going to court. If you are afraid of “going to court” you can make that crystal clear to your attorney and he will honor your request, Most of the time. Why can’t he guarantee you that you won’t go to court?
If you have the kind of case that is under an approaching deadline due to a statute of limitations and your lawyer may be forced to file a suit or your claim will be barred. Then you lawyer would be guilty of legal malpractice.
Most of the time I meet a new client and discuss the case. It is obvious from the facts that the case should not go to court. What makes it obvious? Here are some situations:
- The loss is so big and the amount of insurance is so low that the insurance company will pay up.
- The case is so weak and the injuries are so small that the case does not merit the time and effort.
- The client does not want to go to court. If the statute of limitations is just around the corner I will not take that kind of case.
Insurance companies hire adjusters who specialize in settling accident injury cases. Their job is to get you to settle a case for as little as possible. They know what the case is worth. Although there is no market price most skilled attorneys know what the likely settlement range will be. There are lots of “wanna be” personal injury trial lawyers who advertise that they are skilled. Be sure to ask them when they had their last trial. I’ve had 2 this year and a third coming up soon.
Sometimes it makes a huge difference if your lawyer files a lawsuit. Please don’t be shy about asking me or another experienced civil trial attorney what the pros and cons are before you make up your mind. Florida gives the client the final say on whether to settle or go to court.