A previous article discussed tips related to managing costs and understanding what to expect when working with a personal injury lawyer. The previous article looked at two main tips that had to do with investigators and experts, as well as keeping the case moving. This article will discuss tips related to when to settle your case and deciding when to begin lawsuit activity.

When to Settle Your Case
It should be noted that one of the most important decisions you and your attorney are likely to make together is determining when to settle your case. In a similar way to how it was when deciding whether to accept an insurance company’s offer versus hiring an attorney, the decision to accept a settlement offer depends solely on whether you are satisfied or not. However, one attorney stated that, “it is important to balance what you think the case is worth against the effort and expenses it might take in order to get more than what has been offered; additionally, it is important to consider the likelihood of actually getting more than what you have been offered.” Another attorney pointed out that an especially relevant factor when deciding to accept a settlement offer is how quickly you need the money and how weary you are of the whole personal injury case process. That being said, it should be noted that the client will need his or her lawyer’s advice on this important decision. However, the decision should not depend on what your lawyer wants; the final decision is ultimately the client’s. The final decision must be made after having a full discussion with your lawyer about the possibilities and risks of going forward measured against the offer of settlement that is currently on the table.

Deciding When to Begin Lawsuit Activity
Up until a lawsuit actually begins, the lawyer can keep the claims process going. This basically means that only when a formal lawsuit begins can other activities commence. For example, the insurance company can interview the client directly, speak to the client’s doctors, etc. It is only after the formal lawsuit begins that your lawyer may have to do considerably more work in response to procedures that are initiated by the insurance company’s lawyers. A lawsuit can ratchet up the stress and expenses for both the client and the attorney.

It should be noted that, a lawsuit basically begins when a ‘complaint’ is filed in court. The complaint is essentially a legal document setting out the facts and legal basis for your claim against the defendant that is filed in court. This complaint has to be filed within a set time limit with regards to your state’s statute of limitations. In respect of the state of Alaska the statute of limitations is three years for personal injury matters. One attorney stated that, “the real action of a lawsuit does not begin until the defendant and his or her lawyer are formally brought into the case when your complaint is served formally on the defendant”.
The decision to begin any lawsuit activity depends on whether settlement negotiations are making any progress. If the settlement negotiations have stalled, your lawyer may feel that proceeding with a formal lawsuit is the only way in order to pressure the insurance company to make a reasonable settlement offer. The decision to begin the lawsuit process must be made jointly by the client and the lawyer after a thorough conversation about the pros and the cons.

If you have a personal injury claim and require legal advice and representation, contact an accident attorney in Alaska.

About the company:
Crowson Law Group is a law firm of renowned professionals who focus on personal injury matters. For personal injury matters and cases in Wasilla, contact a Wasilla personal injury lawyer