Getting Big Settlement Quickly
Can I get a big settlement quickly exactly when I want it?
I had a conversation with a lady who, because of her personal circumstances, has a hard time deadline for when she needs her case settled. She is very adamant that it needs to get done no matter what. Also has very high dollar expectations for her injuries.
There are details in her case which make that very challenging. We're very efficient at my office, we were able to get all of our Medical in, get a demand letter done, and get a summary done. We have an excellent understanding of how her injury occurred and how much her medical bills are and exactly what the diagnosis is, what her medical outcome is, and what the future medical treatment needs to be. We did a really great demand letter to the insurance company.
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Very Low Offer
But the client's unhappy. Why? Because the insurance company really dragged their feet with giving us an offer and their offer was low. It's still low, we're attempting to get more money for the client. I will explain to you exactly what I explained to her. It takes two to tango in an injury case. In your mind you can say "no matter what I want the case wrapped up in six months" heart out six months that's it. Then you can also have an idea in your head that "I need to put ten thousand dollars in my pocket no matter what six months, that's the deadline"
Well unfortunately the only thing I can really control is, first you need to understand that until and unless you are done going to the doctor or you've plateaued. In other words, your medical treatment is over and you're just not getting any better and whatever you're left with is permanent for you. Until you've plateaued or you're done going to the doctor, I can't order your medical records and give the insurance company a clear idea about exactly what your injury is.
Do Not Settle The Case Too Soon
For example, let's say this week we settle your case, because you want to settle it. But you're still going to the doctor and you still have complaints. We settle your case and then in two months the doctor says "oh you need surgery". Well we can't go back and get more money for the surgery. In other words, we can't and we shouldn't really settle your case until we know exactly what's going on. We don't really know that until if you're off work, you return to work and try to do the same job and all that stuff.
Struggle In Getting Medical Records
The other issue of course is, I need time to get the medical records. In which with hospitals and certain medical providers that's a real struggle. Many of them are still very understaffed based on the lockdowns and shutdowns and stuff like that. So it takes them forever to get the medical records to me. Then we're very quick and very thorough in doing summaries and demand letters.
Once that happens, we're sort of at the mercy of the insurance company. If we have a lazy insurance adjuster or a bad insurance adjuster or they're overwhelmed at the insurance company and understaffed or um they just give us a crummy offer, our only recourse is to resolve to fight. Which I'm happy to do. What does that mean? That means I get on the phone with them and say "look, last chance, I'm gonna file a lawsuit".
A Time Deadline
Then we file a lawsuit. And what happens when we file a lawsuit as often is, they change insurance adjusters, they hire a lawyer and then sometimes when a new adjuster looks at it I'm able to settle the case. But other times, that means the case is going to go on for another year or two. Because we can't get a number from the insurance company that's fair. Now if somebody tells me they want to take short money on a case because of a Time deadline or something like that, I'm very respectful of the circumstances in your life and I will tell you whether I think it's a bad idea. It usually is.
You don't want to come to the bargaining table with a time deadline or a dollar expectation that is so firm. Because you may not be familiar with the strengths or weaknesses of your case or the technical procedures which might make your case difficult. There's no law saying that the insurance company has to give you an offer within 30 or 60 days of when I send out a demand letter to them. So you're setting yourself up for frustration and a bad outcome. If you have this idea that you can impose or you have this idea in your head that there's this time deadline that you will strictly adhere to or a dollar amount that you're going to strictly adhere to.
Listen To Your Lawyer
It may be that the case has more value than you think or than your attorney thinks. But I would caution you about that because, first of all, a lawyer gets paid based on what they get you. In an injury case, whether it's workers comp or a car crash or anything, because the lawyer gets paid a percentage of what they win for you, of course the lawyer wants to get you as much as possible. Because every additional dollar they get you, they're getting 30, 40 or 20 percent more as their attorney's fee. So it's worth it for them to do it that way.
But if you're who's in possession of all the little intricate detail facts. What's written in your medical records, and what the doctor said, and problems that appear in the medical records, and what the case is usually settle for, and all these sorts of things, how big a problem an error in your medical records might end up. Usually it's a good idea to sort of listen to your lawyer. And if they tell you that your time expectation is not enough time or they tell you that the dollar amounts do not make sense. I usually encourage people to listen to their lawyer.
Now that's not to say that I haven't heard from lots and lots of people who call me for a consultation. We had a former lawyer, who at least on a couple of occasions misanalyzed the case or missed an injury completely or didn't consider a legal theory that they could have. That changed the value of the case. So that's why it's always good to get a free consultation from an attorney. Because attorneys who do this for a living, know the ins and outs presumably and can give you a better idea.
Develop Realistic Expectations
But it's not until the lawyer has all the facts, that they can give you a final read. And they're not going to have all the facts until they've done an investigation. You're done going to the doctor and they have all the information they need to evaluate the case. Maybe bad news may not be what you want to hear. It's comforting to think that maybe you can call your shot.
"Attorney, I'm going to give you three and a half months and I want ten thousand in my pocket no matter what."
That's comforting because it gives you certainty, but it may not be realistic. No matter what you're going to put money in your pocket, I guess the Reader's Digest is temper your expectations and work with your attorney to develop realistic expectations. I know that there are lawyers out there who every phone call they tell the client "oh yeah yeah it's a great case it's a great case".
Well my theory is that they're doing it so you sign up with them. I mean because no one can really know whether you have a great case until they do a full investigation, so that's my point ladies and gentlemen. Just because a lawyer who's trying to get your case signed up tells you "no problem, we can wrap it up in three months and it's a million dollar case", that doesn't necessarily make it so.
Better Off Knowing The Truth
This may not be information you're happy to hear. But I will tell you the truth about bad news or bad information or negative information that you wish you didn't hear. You're always better off knowing the truth. Even if it makes you angry, even if it makes you frustrated, even if it makes you fearful, you are always better off knowing what's going on and knowing the facts of whatever situation you're in. Then you are operating in the dark or operating under the idea that reality is something other than what it is. So sorry to be the deliverer of a bitter pill, maybe but that's just sort of the way it is.
