If the insurance company’s final settlement offer is less than you want for your claim, you have to be aware of what your rejection of the offer means. If the offer is woefully less than you feel your case is worth, then you don’t have much choice, either accept it or file suit.
However you must be aware of many issues and problems that come with filing suit. Once you sue the people that caused your injuries and financial losses, the insurance company will retain the services of an experienced, determined trial lawyer to defend the case and who will do his best to defeat you.
He is now in charge of the handling of the suit and the insurance adjuster is no longer in direct contact with you and your attorney. Defense attorneys are paid by the insurance company by the hour for the work they perform in defending the case. The longer the case drags on, the more they make. It is not in their best economic interest for the case to be resolved in a reasonable time. They will do everything they can to delay resolution of the matter and the justice you seek.
Also, when you file suit, you open yourself to questions about your life and you will have to provide information to the defense that you feel is personal and you may not want to answer but you will have to. Your past is fair game even though you feel there is no relevancy to your claim and the information sought.
You will have to answer questions about your past medical history, remote as it may be. Your financial information will have to provided if you are claiming a wage loss because of your injuries. Marital and family questions will be asked and must be answered, no matter how you question their need. In other words, you must disclose everything about your personal life even if the information has no bearing on your claim, with few exceptions.
Also, the courts are backed up with various lawsuits and litigation. There is such a backlog that it could take years before your case will finally be tried. The folks in Tallahassee have not sufficiently funded our courts so we can have enough Jurists and support personnel to handle the claims on a timely basis.
Think long and hard about this before you file your suit. If you feel you must file suit to receive the justice you deserve, then make sure you have a competent, experienced trial lawyer representing you to successfully take you through this process in an aggressive, timely manner.