in a personal injury lawsuit, if the company being sued is wanting to settle is that a good thing?
342711
It is normal business practice to offer to settle for whatever the company thinks it will have to spend (in terms of legal fees, experts, discovery, employee and executive time) to win the case.  If you have a very good case, it is also normal to add a risk premium to the amount (i.e., offer more money because they might lose).\n\nIf a meeting has been arraigned, it means they will make a serious offer.  That is neither good nor bad, but it is a start.  If you have an experienced lawyer, he will advise you whether the offer is reasonable under the circumstances.  Your choices will be to accept it, reject it, or make a counter-offer.  If their offer is close to the right amount, a counter-offer would probably be the best choice, but it is impossible to properly evaluate in the abstract.
503612
Because this would be considered a personal injury, most attorneys will take the case on contingency.  That means instead of paying them an hourly rate, they will take a percentage of the settlement amount.  I suggest you call your local bar association for a referral and stop discussing the details of this case in public forums.
182667
the insurance company is representing the driver, therefore it is them that you take to court.  your insurance company would do the same for you.  someone wants to take you to court for an accident you had, they would go to court for you and defend you if they believe they have a case.
971884
yes if it is a problem for them, they can do that. look at your companies policy first to see if they can punish you or not, it should vary from company to company
900903
If you accepted a contract... on their part right or wrong, it is a legally binding agreement and they must honour it...\n\nthe honest truth is that you probably wont get much out of it getting 'legal' about it all, but from the scenario you've put across your quite correct, they have broke the law through breach of contract.\n\nPersonally, i wouldn't fight too much on this issue... just keep pestering them and they might offer you a comprimise.
1024779
yes....call another personal injury attorney, and if you have a case, he'll take care of it....trust me.
1026784
Contact a personal injury lawyer.  Most charge a contingency fee - that is a percentage of what you make on the claim.  The usual amount is about 20-30% of the verdict.  On the plus side. they only make money if you win the case.\n\nThey can also help stave off creditors until the matter is resolved and you are back on your feet again.
86602
YOU CAN SUE FOR ANYTHING, BAR NONE! However, if you can show there is no good reason for their untrue and negative written statement about you they shared with another party, then you have good grounds for a liable suit. Further, if you can show you have suffered injury or damages as a result, then you have a very strong case. \n\nWARNING: The courts are secretly biased towards corporations and lawyers/barristers will only take you for your money. If you want to persue this I would do it myself or retain on a strict contingency basis only.
978241
It depends even when the other person admitted they were at fault their incurance will try and prove your injuries were not from the accident. They don't want to pay you, thats how they make money. Time for a settlement can be a few months or a few years. Lawyers are helpful in getting you what you need but the cost can be astronomical. Consult with a lawyer and your finances BEFORE making a decision.
877653
If this is true, why don't you get some more employees with you and sue the company ? Their must be someone to whom you can carry your grievances and get help. Keep smiling, this is not the end of the world, all the best
1173488
A frivolous suit would be one in which I had no basis for my claim or one where my claim were so far removed from reality or the issue of any real liability.  For example, suing a drug manufacturer for "mental anquish" over a drug that I had never taken, or had taken but suffered no ill effects from.  Or suing CNN for all for all of the bad news -- clearly that's frivolous.\n\nConversely, if I am injuried by a defective product then the manufacturer is liable for my loss.  Calling that frivolous is a slap in the face of anyone who has been injured by a defective product.  Anyone who would restrict those suits obviously only cares about the bottom line, not the people victimized by a careless or uncaring company, doctor, hospital, etc.  \n\nProduct liability actually reigns in costs borne by the general public as it gets defective products out of the marketplace, incompetent doctors out of practice, and cleans up dirty hospitals and places the responsibility for making the victim whole again upon the guilty party instead of the public welfare system.  Punitive damages serve as notice both to the defendant and others that their behavior is not acceptable and will be punished\n\nIf a suit for damages is ultimately successful, then the plaintiff HAS proven fault, so says the jury!  You're not going to get a settlement otherwise!  I have served as a juror on product liability suits and one of the questions that we had to answer before even discussing the damage award was, "Did the actions of the defendant proximately cause the injury suffered by the plaintiff?"  If the answer to that question was "No" then we didn't even discuss the issue of an award.  The case was over, our job was done.  If the answer to that question was "Yes" then there's your proof of fault, my friend!
1056375
sounds like a dream case for a hungry personal injury attorney....they usually need no money up front but will take at least 33% of anything you win.....Malls are insured, so I would definitely get a good attorney fast!!!!!
1169610
Generally, they are fill in the blank forms, but, honestly, if you are having a hard time with that... please rethink representing yourself.  I'm not saying that to be mean in any way, but if you don't follow the court rules specifically, your suit will be thrown out.  If your suit is considered frivolous by the court, you could also end up paying the other side's legal fees.
345102
I think it would depend on the reason your husband fell.  Was the company negligent in safety proceedures and that caused the fall, or did he merely trip over an untied shoelace, pebble, or other thing that was out of the control of the company?  \n\nAnother consideration:  if the company is large enough to have a slew of lawyers your suit could be tied up in litigation for years costing you substantially in legal fees.  \n\nIf your husband applies for a job elsewhere down the road and they do a background check, not only will the workers comp show up, so will the lawsuit.  It would raise a lot of red flags to potential future employers.\n\nI would think long and hard before I brought any legal action, especially if the company is taking care of its responsibilities now.
326109
It depends on so many things, but a law suit can be settled in a matter of weeks if both parties agree; but obviously if there is a need for a law suit both parties don't agree.  \n\nSome big companies will make those who win law suits wait years and I mean almost a decade or more before paying off.  They do so with appeals and negotations.  Its ugly.
1082504
This is the smart way to handle problems.  Litigation is costly, time consuming and ordinarily bad publicity for the company.
415064
You are not "entitled" to any kind of settlement.  You are entitled to sue for damages.  If you and the employer decide to avoid the expense of going before a judge, you can ask for anything you want, however, the employer can say "screw you, sue me".  It just depends who blinks first.\n\nPractically speaking, though, it is usually based on the percentage of disability and what other, similar claims have settled for in your area.