What Happens if the Defendant Refuses to Settle Your Personal Injury Lawsuit?

If you have read even a handful of blogs about personal injury lawsuits, then you know most of them settle. We aren’t talking about half of these cases settling. We are referring to as many as 95% of all personal injury cases settling before trial. Knowing this, it begs the question – why would the defendant refuse to settle? Here, we will discuss some of these reasons. We will also explain how your Georgia injury attorney and the defendant attorney may find themselves in the same boat. If you feel that you were injured in an accident and believe you’re entitled to damages, call us. One of our experienced Douglasville personal injury lawyers will get back to you so you can schedule your free, initial consultation.

Every Now and Then, Your Georgia Injury Attorney Will Run into a Stubborn Defendant

While it is true that more than 90-95% of all personal injury cases settle, there are some that do not. Every now and then, our Douglassville personal injury lawyers run into a defense attorney who adamantly refuses to entertain a settlement. They make it clear from the start that they fully intend to go to trial. For whatever reason this is, our Georgia injury attorneys can’t do anything about it. The defendant has a right to see their case through to the bitter end.

There Are Some Legitimate Reasons Why Somebody Wouldn’t Want to Settle Their Case

Of course, just because somebody refuses to settle doesn’t make them a bad Georgia injury attorney. If either your Douglassville personal injury lawyer or the defendant’s attorney think they stand a good chance at trial, they may not want to settle. However, we believe that, at some point, even the most cantankerous clients agree to settle. As long as we did our very best to help bring the case to judgment, that may be all we can do.

The Defendant’s Lawyer May Think Their Case is Strong

If our Georgia injury attorneys don’t think a potential client’s case is strong, they won’t take it on. Since personal injury lawyers work on a contingency basis, they can’t afford to take cases that are not supported by the evidence. The same is true, for the most part, when it comes to the defendant. Unless the defendant is covered by insurance, their attorney isn’t going to take their case if they don’t think there’s a reasonable chance of winning. This means that the defense attorney in your case may feel as strongly about their defense as your Douglasville personal injury lawyers about your case.

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Your Douglassville Personal Injury Lawyer May Reject the Offers Made by the Defendant’s Attorney

Sometimes, the defendant’s lawyer is interested in settling. However, they may not make a reasonable offer. For example, if you were involved in a car accident, the defendant’s attorney may believe you were at fault. Their client may have convinced them that they were the innocent victim, not you. Or they feel that their evidence is strong enough to convince the judge that you were partially at fault. If this is the case, your damages would be reduced by your percentage of fault. Since Georgia follows the comparative negligence rule, this is highly possible. If this is the case, the defendant may honestly believe they have a better chance of winning or having your damages reduced enough that it doesn’t warrant a settlement.

Nobody Can Force a Plaintiff or a Defendant to Settle

Despite what you may think, nobody can force a person to settle their lawsuit. No matter how many times the judge insists you go to mediation, nobody can make you settle if you don’t want to. Of course, our Douglasville personal injury lawyers do our best to make this happen. Sometimes our client is the one who refuses to entertain a settlement. Other times, it is the defendant. Regardless of which party it is, they have a right to take their case to trial. Whether this is a good idea depends on the facts of the case. If your Georgia injury attorney thinks your case is strong, they may not want to settle. Or, if the defendant’s attorney offers a ridiculously low settlement, your attorney will advise you to press on. The final decision is yours to make.

Just Know That Your Georgia Injury Attorney Will Fight to Get You the Compensation You Deserve

As frustrating as it may be, there is no way you can force somebody to settle their personal injury lawsuit. This goes for both plaintiffs and defendants. There have been times when our Georgia injury attorneys deal with a stubborn defense lawyer. Or the lawyer may want to settle but their client is being unreasonable. There is nothing your Douglassville personal injury lawyer can do about this. What they can do is continue to negotiate with the defendant to see if a settlement is possible. This will continue up until and on the day of trial. The judge will also encourage both sides to entertain an out of court settlement. However, there are times when it is just not possible to resolve a case amicably. If this happens in your case, don’t worry. Your Georgia injury attorney has the knowledge, skills, and experience to take your case to trial. Once there, it will be a matter of which party has the strongest evidence.

We suggest that anybody who is hurt in an accident contact our office right away. The sooner you retain a Douglasville personal injury lawyer, the sooner your case can get rolling. The goal for everyone involved is to resolve the matter as quickly and as painlessly as possible. If this means your case settles, great. If it means you have to win at trial, so be it. Just know that our team of seasoned associates will do whatever they can to help get you the money you deserve.