Why are some cases settled and other cases litigated?
A settlement occurs when both parties can agree that a certain party was at fault, and on the amount the victim should receive for their injuries, suffering, and damages.
However, it is very common that parties will disagree on one or both of these points. In most cases, fault will already be evident if a case is at the point of moving forward. The settlement amount however, is very commonly disagreed upon. If no agreement can be reached, then the case will go to trial and that is where the litigation will begin.
As a firm, we are not afraid to litigate cases, and the insurance companies know this. Knowing that a law firm is ready and willing to take a case to trial can put important leverage on the companies to settle a case for a reasonable amount, so they do not have to go through a legal battle that they know they ultimately may lose.