Personal Injury Law (Accidents/Slip & Fall)/Denyed

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Question
At first the insurance company accepted liability, But after my lawyer sent the Demand letter now they are denying liability How long do the adjuster and the lawyer talk before the lawyer decide to file lawsuit? it has been over a month.

Answer
You didn't offer me much detail Howard so I can only speak in general terms.  As long as there is no Statute of Limitations issue, the lawyer may want to delay filing a lawsuit if new evidence of damages or liability might still be developed to improve chance of a negotiated settlement or, the lawyer doesn't like to go to Court.  Hopefully it is not the latter.  Understand that once a lawsuit is filed, soon thereafter it is referred out to a lawfirm to defend the case.  That will kill any chance of settlement for a long time because those lawyers get paid for the time they put into the case and will not recommend settlement to the insurance company until they have spent lots of time on the case taking depositions and lots of other steps in the lawsuit process  including mediation, arbitration, etc. etc. which stage you wouldn't reach for at least a year or two AFTER the filing.  So if there is a chance of improving things directly with the company that is preferred.  If they won't negotiate, then might as well file sooner than later.

Why don't you just ask your lawyer what his/her plans are so you understand what is going on.  If you are afraid to ask or can't get a good answer, you should change attorneys.  The lawyer owes you that information.

Personal Injury Law (Accidents/Slip & Fall)

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Glenn A. Dorfman

Expertise

Thirty-two years experience in personal injury, medical malpractice, medical product liability law and class actions. Qualified to answer all questions regarding injuries and the law, except for worker`s compensation. Actively involved and fully experienced in litigation regarding recalled hip implants as well as the Mirena IUD.

Experience

Hundreds of satisfied clients in previous litigation

Organizations
California State Bar Association in good standing since 1976. Federal District Court

Education/Credentials
Jurisx Doctor degree 1976

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