I am thinking about filing a personal injury case. I think I have a solid case that the insurance company will be afraid to try in front of a jury. Are insurance companies afraid to try cases?
Not really. For the typical insurance company, the analysis is all about money.
In other words, insurance companies evaluate risk. At the end of the day, they determine whether they will likely win a case or lose a case. They look at how much a jury might award, how much a jury is likely to award, and how little a jury might award. They have lots of statistics from which to make this judgment, and they often have very good lawyers help them evaluate a case.
Sometimes their judgment is right. Sometimes it is wrong. But at the end of the day, they know that they can solve their mistake of evaluating a case and not offering enough money to settle it by writing a check for more money than they wanted to pay. They don’t like to write the big check, but they are in the risk business and if they are wrong they get out the pen and write the check (after an appeal, etc.)
The evaluation of a case is very complex, and you need an experienced lawyer to guide you through the litigation process. One factor the insurance company considers in evaluating risk is the quality of lawyer the adversary has hired. The fact of the matter is that who you hire as a lawyer almost always makes a difference in the recovery you obtain in a case, whether by settlement or a trial.
If you don’t know how to select a lawyer in a personal injury or wrongful death case, read here.
John Day represents personal injury victims and families of wrongful death victims. . He is board-certified as a civil trial specialist by the National Board of Trial Advocacy and, in fact, served as President of the organization. He is an elected member of the prestigious American College of Trial Lawyers. His book, "Day on Torts: Leading Cases in Tennessee Tort Law," is used by judges and lawyers across Tennessee to further their understanding of personal injury and wrongful death law in Tennessee. In 2009, Best Lawyers named John "Best Personal Injury Lawyer" for Nashville; he was the first recipient of that award. Best Lawyers also named John as "Best Medical Malpractice Lawyer in Nashville" for 2010. John does not charge for an initial consultation and accepts personal injury and wrongful death cases on a contingent fee basis. You can reach him by telephone at 615.742.4880 or by email by clicking here.