The Other Side Has to Be Willing

Settlement is a two-way street. No matter how strong your claim is, you cannot force an insurance company or a defendant to agree to a fair number. If the other side refuses to acknowledge liability, disputes the extent of your injuries, or simply offers a number that doesn’t come close to what you’ve actually lost, settling may not be in your best interest. A good attorney will always pursue a fair resolution — but never at the cost of shortchanging the client.

Liability Is Genuinely Disputed

Some cases involve clear-cut fault. Others do not. If the defendant argues that you were partially or fully responsible for the accident, or if there are competing witnesses and conflicting accounts of what happened, the insurance company may dig in and refuse to make a meaningful offer. In contested liability situations, it sometimes takes a jury — or at least the credible threat of one — to get the other side to move.

The Value of Your Case Is Contested

Even when liability is not in question, the parties may be far apart on damages. Insurance companies routinely dispute the necessity of medical treatment, argue that injuries were pre-existing, or contend that future care costs are speculative. If the gap between what is being offered and what your case is fairly worth is too wide to bridge through negotiation, litigation may be the only path to full and fair compensation.

Your Damages Are Significant

Counterintuitively, cases with high damages are sometimes harder to settle than smaller ones. Insurance policies have limits, and when your losses approach or exceed those limits, carriers become much more defensive. They may also subject your claim to more scrutiny, demand more documentation, and involve their own medical experts — all of which can slow or derail the settlement process.

The Insurance Company Acts in Bad Faith

Insurance companies have a legal duty to handle claims fairly and in good faith. Unfortunately, not all of them do. Some carriers stonewall, delay without justification, or make lowball offers as a matter of strategy, betting that an injured person will become desperate enough to accept far less than they deserve. When that happens, litigation is often both a legal necessity and a practical one.

Your Case Involves Complex Legal Issues

Not every personal injury case is straightforward. Claims involving government entities, multiple defendants, product liability, or questions of vicarious liability can raise complex legal questions that are difficult to resolve without court involvement. Similarly, cases where the applicable insurance coverage is unclear may require a declaratory judgment action before the underlying claim can even be negotiated.

The Client Chooses to Go to Trial

Ultimately, the decision of whether to settle belongs to the client — not the attorney. Some clients, after being fully advised of the risks and costs of litigation, choose to have their day in court. Whether motivated by a desire for accountability, a sense that a jury should hear their story, or simply a belief that the offered amount is too low, we respect that decision. Our job is to make sure you have the information you need to make it wisely.

What This Means for You

If you’ve been injured, the most important thing you can do is work with an attorney who is equally prepared to negotiate skillfully and to fight aggressively in court. A lawyer who only knows how to settle — or one who files every case in litigation without exploring resolution — is not serving you well.

At Gorman, Herrmann and Menard, P.C., we evaluate every case individually and develop a strategy based on the specific facts, the strength of the evidence, and your goals as a client. We never pressure clients to accept a settlement that doesn’t reflect the true value of their claim, and we are fully prepared to take cases to trial when that is what justice requires.

If you or a loved one has been injured and you have questions about your rights, contact our office for a free consultation.

This blog post is for general informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. If you have a specific legal matter, please contact our office directly.