We dont have much time to settle the case. Our lawyer is waiting this case out until the last day. Will that make the insurance company settle for the amount that we ask for or should we paid the filing fee to file it in court? Would it make a difference in the time frame that we have?
2007-03-05 12:06:58 · 3 answers · asked by needtknow 1 in Cars & Transportation ➔ Insurance & Registration
To answer all your questions: NO. None of it makes a difference. Many people, including lawyers, are under the assumption if they file suit on the last day they will receive a larger settlement...this is incorrect. As a matter fact, many judges and arbitrators frown upon this practice and I've seen it where the plaintiff (you) has received nothing as a result of these tactics...especially if they have a history of handling cases this way.
2007-03-05 13:12:46 · answer #1 · answered by bundysmom 6 · 0⤊ 0⤋
As soon as you file in the court system you looking at another year. There are other fees as well. Filing may also change the percentage you will pay to the lawyer. Mine went from 25% fee prior to filing suit to 33.333% after filling with the court. There will be a hearing where they take your deposition and then you get to pay for a court stenographer as well as for everyone in the room. Then you get to pay for the IME-the insurance medical exam. (They send their own doctor to check you out.)
Don't just go file. If you do this you may ultimately be firing your lawyer which will just make things worse.
2007-03-05 20:18:35 · answer #2 · answered by freedismemberment 2 · 0⤊ 0⤋
Unless you have a real ninny for a lawyer, he or she would have started litigation.
As long as the case is in litigation it can be dragged out years past the statute of limitations and it would still be a viable legal action.
I've seen big cases run into more than ten years with all kinds of squabbling in that time.
2007-03-09 16:56:59 · answer #3 · answered by ha_mer 4 · 0⤊ 0⤋