If the insurance company refuses to accept a settlement that fits within the range that you and your personal injury attorney in Albuquerque decided is appropriate, your case may proceed to litigation. This process requires your personal injury lawyer in Albuquerque to file a lawsuit on your behalf.
Your personal injury lawyer in Albuquerque may discuss whom to name as a defendant in your case. This may be a person, company, governmental entity or a combination of these three. The defendants are those who should bare some responsibility for the injuries that you suffered.
Timing of Pursuing Litigation
In some instances, your personal injury attorney in Albuquerque may advise waiting for a certain amount of time before commencing legal action so that the insurance company might increase its settlement offer. However, litigation may be more forthcoming when it is obvious that both parties are too far apart on settlement figures.
Factors That Affect Litigation
A case may have to go through litigation if it meets certain criteria. For example, if the insurance company believes that the number that you or your personal injury attorney are asking is unreasonable or the number is more than they are comfortable paying voluntarily, litigation may be necessary. Another common reason for a case to proceed through a lawsuit is if liability is not clear. The insurance company might be denying its client’s liability or may believe that some other party bares at least a portion of the responsibility. Some insurance companies simply have policies in place that prohibit settling a case after a certain number is exceeded or in an attempt to prevent other insured individuals to believe that the insurance company will quickly settle all claims. Just as your attorney might stall in hopes of getting a higher settlement value, the insurance company may stall in hopes that you will accept a lower amount out of desperation due to your financial loss.
If you would like to learn whether it makes sense in your case to pursue litigation, contact a personal injury attorney in Albuquerque like Ryan McKelvey by calling (505) 254-9090.