There
are a lot of law firms out there that will tell you they handle personal injury
cases. They'll make a claim for you and try to settle it. But what
if the insurance company's offer is too low? Or the claim is
denied? The only way you can force the insurance company to pay you
fairly is to litigate the claim by filing a lawsuit in court. Not all law
firms, however, are willing - or even know how - to litigate personal injury
claims. Unlike many other law firms, Portner & Shure has an entire
department dedicated to litigation. In fact, law firms that lack a
litigation department send the cases they can't settle to us to litigate for
them. Here is why you should come to a law firm with an experienced litigation
group from the start:
1.
Only litigation can secure a verdict for you.
When
you've been injured in a car accident, a common thought is that the case will
be "cut and dry." You may think - this accident was clearly the
other driver's fault. Even the police officer said so in his
report. I had to go to the emergency room and the other driver said his
insurance would take care of everything. Although your case may seem
straightforward to you, personal injury cases are not always cut and dry.
Insurance companies routinely deny liability for personal injury claims for
reasons that are weak, unfair, and unjustifiable. It's not uncommon for
an insurance adjuster to deny a claim based on her insured's statement to his
insurance company that he was the one who had the green light, even if this
statement conflicts with what the police officer concluded in his report.
If this happens to you and the law firm you've chosen does not litigate, you
will find yourself at an impasse. At Portner & Shure, our litigation
team will take your case to court and prove to the judge or jury that the other
driver was at fault. A verdict is not optional; the insurance company
will have to pay your claim.
2.
The threat of litigation improves settlement offers.
Insurance
adjusters frequently deny claims in hopes that the injured party will get tired
of fighting and give up. Or, the adjuster might give a nuisance value
offer in hopes that you will just accept it and go on your way. The
insurance companies keep track of which law firms give up or accept these types
of offers, and which ones actually litigate the claims. Any law firm can
tell the adjuster they are going to file suit, but a threat with no teeth isn't
a threat; it's a bluff. Because of our active litigation department, a
threat to file suit from Portner & Shure is a credible threat, and it gets
results. Adjusters know they will be faced with the increased costs of
litigation if they do not settle the case, and we obtain better settlement
offers as a result.
3.
Our claims team and our litigation team work together.
At
Portner & Shure, we make every effort to settle your claim without the
necessity of litigation. But if your case has to go that route, you will
be happy to know that our litigation department is just a walk down the hall
from the paralegals who have handled your case since the beginning in the claims
department. Your original paralegal will remain involved in your case,
providing a seamless transition between the two departments. It also
enables our litigation department to file your suit as quickly as possible.
