Many factors determine whether a case can be settled in a matter of months, or will drag on for years. First you need to find an experienced law firm with competent lawyers, efficient paralegals, legal secretaries, a good calendar clerk, file clerk working with the latest computer software, hardware and technical support. This, however, is only the beginning. After choosing a competent law firm, you must consider the other factors involved such as the client, the insurance company, and the insurance company's lawyers.
The following are examples of parties that can be held responsible: the pizza company that sends out a sixteen-year-old racing to deliver a pizza in less time than would be considered safe, the municipality that designs an unsafe intersection, the manufacturer of the helmet that doesn't work, the owner of the bar that served the drunk driver after she was visibly intoxicated, etc. Assuming adequate insurance coverage, there are still additional factors that affect value.
The client affects the duration of a lawsuit by the length of medical treatment and their decision to either settle or to take a risk on a higher recovery resulting from a trial. The length of treatment is important because normally a case should not be settled until the patient has received the maximum benefit of post accident treatment and a long term prognosis for the injury is possible. A doctor must be able to state the extent of the injuries permanency. As long as a doctor can state the patient's needs within a reasonable degree of medical certainty, the patient is entitled to money for damages and medical bills for treatment that he or she may need in the future. Therefore, a client may be giving up a lot of money that he or she may need in the future if he or she settles the case before a doctor can determine which injuries are permanent. Once a case is settled, it cannot be opened up again.
Whether a case being handled by Proner & Proner settles or not is always up to the client. Any offer that is received on a client's case is always given to the client to accept or reject. We advise the client as to whether the offer is fair, inadequate or more than the case is worth. We always strive to get our clients more than the case is worth. Since we work for a contingency fee which is a standard percentage of the net settlement, the higher the settlement we obtain, the more money that goes into our clients' pockets. A fast settlement benefits us as well as our clients, and consequently we strive to negotiate good settlements as quickly as possible.
Sometimes, despite all our arguments, legal motions, correspondence, investigation, and court appearances, the insurance carrier does not offer an adequate amount for settlement. On these occasions we are prepared to go to trial. It is always up to the client to choose to go to trial or to accept any amount offered. We are there every step of the way to help our clients make the right decision. Naturally the further along a case goes in litigation, the longer we have to deal with the back log in the courts, and the more time a case will take. Cases that settle without litigation usually do so within six months to a year and a half. With litigation, a case can last approximately two to five years. Larger cases usually take longer. Insurance carriers usually won't give up hundreds of thousands of dollars without a fight. Also, the insurance companies are allowed to draw interest on the money during the fight so they, unlike us, have it in their best interest to cause a delay. We try everything possible to avoid such delays. Usually we succeed at getting our clients the money they so greatly deserve and need in a timely manner.
Lastly, the insurance carrier's lawyers can have a delaying effect on a claim for personal injuries. Proner and Proner have been litigating for more than forty years and most judges and defense firms know our reputation of excellence. Nonetheless, other firms will occasionally engage in motion practice that will delay a case needlessly. Sometimes even getting a simple order from a judge, due to their over-congested calendars that there is no way around, will delay a case to our clients' unfortunate frustration. Fortunately this is unusual. Normally our cases move quickly to good settlements keeping our clients satisfied with our office and the legal system.
Mitch Proner
Proner & Proner
1-800-PROLAW1