How often do people actually win their cases against insurance companies? 36 Answers as of November 27, 2012

How often do people actually get good settlement money from insurance companies? Is it even worth it?

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Naziri Hanassab LLP
Naziri Hanassab LLP | Vahid Naziri
The success rate of personal injury law suits varies on the details of the incident and Plaintiff's injuries. It would be wise to discuss your matter with an experienced personal injury attorney before you choose to take action. Also, personal injury attorneys work on a contingency basis, which means that there is not any out of pocket costs to the client. Please contact our offices for a free consultation.
Answer Applies to: California
Replied: 1/13/2011
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
Yes you can win a case against an insurance company.
Answer Applies to: California
Replied: 1/10/2011
LT Pepper Law
LT Pepper Law | Luke T. Pepper
Often if it is a good case. Depends on the facts of the case but insurance companies settle personal injury matters.
Answer Applies to: Pennsylvania
Replied: 1/7/2011
Dack Marasigan, LLP
Dack Marasigan, LLP | Martin E. Dack, Esq
It all depends on the facts of the cases. However a good attorney should be able to obtain compensation for his clients in nearly all cases.
Answer Applies to: California
Replied: 1/6/2011
Allegretti & Associates
Allegretti & Associates | James L. Allegretti
It all depends on the facts of the case. There are very good settlements and verdicts on good cases.
Answer Applies to: Illinois
Replied: 1/6/2011
    Harris Law Firm
    Harris Law Firm | Paul Vames
    The fact is that if an injury is legitimate and legitimately related to another person's negligence, an insurer should pay the reasonable value of the claim. The reasonable value of an injury claim is determined, primarily, by four factors: (1) whether and to what extent the adverse party was at fault for the injury; (2) the amount of economic damages; (3) the severity of the injury; and (4) the duration of the injury. When these factors can be proven, claims resolve fairly. When a claimant appears greedy or cannot legitimately prove liability and/or injury, insurance companies, rightly, fight back.
    Answer Applies to: Oregon
    Replied: 1/6/2011
    Law Office of Travis Prestwich, PC
    Law Office of Travis Prestwich, PC | Travis Prestwich
    A good attorney should be able to obtain compensation for his clients in nearly all cases. Otherwise, he should tell you at the first meeting you do not have a case. In my career, I have lost only a few cases. They were cases in which various issues, i.e. disputes in liability, the cause of injuries, etc., created hurdles. However, even in those cases the insurance companies made offers. You should consult an attorney about your case to determine its viability and what the likely outcome would be.
    Answer Applies to: Oregon
    Replied: 1/6/2011
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    Usually if there is good liability. Call me about the particular facts.
    Answer Applies to: North Carolina
    Replied: 1/6/2011
    Patrick M Lamar Attorney
    Patrick M Lamar Attorney | Patrick M Lamar
    We settle almost all of our car accident cases and most of the rest of what we bring. The answer to your question depends on the type of case, the liability facts and the injuries suffered. If the injury is more than just a minor scrape and there is liability on the other party, I have seldom seen a claim that was not worth approaching a company for settlement.
    Answer Applies to: Alabama
    Replied: 1/6/2011
    El Dabe Law Firm
    El Dabe Law Firm | Edmond El Dabe
    You should consult with a lawyer to see if your case has merit. If the lawyer takes your case, then that means he/she believes in your case. After all, the lawyer gets paid on contingency, meaning only if he wins. You as the client, only have to give your time.
    Answer Applies to: California
    Replied: 1/6/2011
    E. Ray Critchett, LLC
    E. Ray Critchett, LLC | Ray Critchett
    Generally, insurance claims can be successfully handled against almost any insurance carrier. The value of the case and the decision of whether or not to pursue a claim depends on numerous factors which cannot be discussed in detail here. If you have a claim which you are considering, contact an attorney to discuss these detail further before deciding whether or not to pursue it. Most attorneys will not charge for the initial consultation. You may contact our office to schedule an appointment if you have further questions or if you need assistance with this issue. You can also schedule an appointment or obtain additional information at our website.
    Answer Applies to: Ohio
    Replied: 11/27/2012
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    It depends on the facts and circumstances of the case. Many cases that go to trial do come out in favor of the injured party, but the jury may not award as much money as the person had hoped.
    Answer Applies to: Colorado
    Replied: 1/6/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    Your question is pretty broad; and really the answer for you personally would have to be based on the facts of your case. It would be hard to say without knowing this. If you wish to let us know more, please contact us for a free initial consultation.
    Answer Applies to: Connecticut
    Replied: 1/6/2011
    Van Sant & Slover LLC
    Van Sant & Slover LLC | David Van Sant
    It completely depends on the facts of each particular case. You should contact an attorney to explore the merits of your particular case.
    Answer Applies to: Georgia
    Replied: 1/6/2011
    Wilson & Hajek,LLC, a personal injury law firm
    Wilson & Hajek,LLC, a personal injury law firm | Francis Hajek
    You pose an interesting question and I will do my best to give you a good answer. I do not think there are any helpful statistics that address your question because the question of whether a case will be won or lost depends on a number of factors. For instance, let's take a run of the mill auto accident case where one driver is stopped at a red light and another driver fails to stop and hits the other car in the rear. Given these facts, this case should be a winner on liability. The issue then become damages. Was there a significant impact? Was there immediate treatment for injuries? if the answer is that there was a significant impact and immediate treatment, a recovery can be expected. The amount of damages also depends on where the accident happened. Some jurisdictions are known for higher jury verdicts and so insurance payments may be higher in those areas. I think you can see that there a re a lot of factors that influence recovery. An experienced personal injury lawyer can evaluate a claim and let you know how a particular case looks in terms of potential recovery. I think that if the lawyer decides to take the case, it means that the likelihood of recovery is great. So, I hope this information helps. Don't be afraid of an insurance company, consult a good lawyer and get a good analysis.
    Answer Applies to: Virginia
    Replied: 1/6/2011
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    There is no way to give you any percentage answer, but the bottom line is that without an advocate working for you, the chances are not good that an insurance company is going to appropriately compensate you for your loss. Insurance companies like to take in money, not pay it out. While there definitely are some good companies out there, very few always do the right thing. As to whether it's worth it to pursue a claim, I don't have the facts to give you advice, but since most personal injury lawyers represent clients on a contingent fee basis, it's not going to cost you anything to consult one, and the lawyer will only charge you a fee if they are successful in obtaining money for you.
    Answer Applies to: Florida
    Replied: 1/6/2011
    The Law Offices of Robert A. Levine
    The Law Offices of Robert A. Levine | Michael G. Levine
    Depends on the case. Most PI Lawyers will give you a free consultation and I would recommend taking advantage of that.
    Answer Applies to: Wisconsin
    Replied: 1/6/2011
    Ron Graham Attorney at Law
    Ron Graham Attorney at Law | Ron Graham
    If you have a legitimate claim you will usually get some type of settlement.
    Answer Applies to: Ohio
    Replied: 1/6/2011
    The Law Offices of Jason Chan
    The Law Offices of Jason Chan | Jason Chan
    It depends on the type of case and the facts of the situation.
    Answer Applies to: Massachusetts
    Replied: 1/6/2011
    The Connelly Firm P.C.
    The Connelly Firm P.C. | Thomas Connelly
    I don't know the answer to your question, but I wish I did. In my experience, insurance companies' attorneys are generally well-funded and will often attempt to drive their opponents into the ground with litigation expenses. Because the insurance company's attorneys are paid by the hour, they have no problem filing all sorts of objections and motions just to see what might "stick."
    Answer Applies to: Pennsylvania
    Replied: 1/6/2011
    Patrick Kang
    Patrick Kang | Premier Law Group, PLLC
    It all depends on what you consider to be a win. Based on your damages, an experienced attorney should be able to advise you of what your case is worth and whether it's worth pursuing. The experienced attorney should do everything possible to recover the max. value of the case. If a settlement can't be reached with the insurance company, a trial will be necessary for the jury to decide how much you should be paid for your damages, which becomes more of a toss up. Most cases settle without trial, but when they do go to trial it's usually because the attorney believes that the insurance company isn't paying fair value. That being said, if you have been injured, I would highly recommend contacting a lawyer. From my experience, most of my clients are very satisfied with the results. If you go to my firm's website at www.plg-pllc.com there are additional information that may help you with your question.
    Answer Applies to: Washington
    Replied: 1/5/2011
    Lacy Fields, Attorney at Law, LLC
    Lacy Fields, Attorney at Law, LLC | Lacy Fields
    It depends. "Is it worth it to you as the client" versus "Is it worth it to an attorney" are two very different questions and are often in contrast. For example, if the insurance company outright refuses your case, you have nothing to loose by trying to sue (assuming the attorney works on contingency). But if the insurance company refused to pay it is probably because either they know they'll win, or often, they know they would lose but know that the case is not worth very much money and therefore not worth an attorney's time. Each attorney has a different way to judge these cases, but it will depend on the likelihood that you will win, how large your "damages" are (the money this has cost you and will cost you in the future), how much it will cost the attorney to front expenses (filing fees with the court, hiring experts, taking depositions), and how much time/effort the case will require. Each of these factors depends on the specifics of the case. In short, no easy answer. Call 4-5 attorneys and you will quickly find out if you have a case.
    Answer Applies to: Missouri
    Replied: 1/5/2011
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    No one can really state how often people get a fair insurance settlement. Every claim is different and must be judged on its own merits . Over the past 25 years or so, a great volume of publicity has been generated about frivolous lawsuits. Much of this publicity has been false, misleading, or exaggerated. Much of this publicity has been financed by special interests opposed to the right to seek damages in court for injuries suffered from the negligence of others, or from unreasonably dangerous products. This publicity has resulted in juries giving smaller verdicts, even in cases where people are seriously injured. Ultimately, a fair settlement is what a jury would likely award in a given case. By this standard, claimants often receive fair settlements. On the other hand, juries are overwhelmingly biased against Plaintiffs, and overwhelmingly biased in favor of defendants (contrary to popular belief). Thus, jury awards, in my opinion, are by and large unfair for Plaintiffs. Since settlements are based on likely jury verdicts, you could say that, overall, settlements are unfair. Still. all is not lost. You can still fight , scrape, and uncover every stone to get a favorable settlement or verdict. As to whether it is even worth it, even a small settlement is better than nothing.
    Answer Applies to: South Carolina
    Replied: 1/5/2011
    Cary J. Wintroub & Associates
    Cary J. Wintroub & Associates | Cary J. Wintroub
    Yes it is worth it. You pay no fees to a lawyer unless collection is had. 90 percent plus of cases are settled.
    Answer Applies to: Illinois
    Replied: 1/5/2011
    Lyle B. Masnikoff and Associates
    Lyle B. Masnikoff and Associates | Lyle B. Masnikoff
    Everyday. Each case is different but insurance companies pay good settlements everyday.
    Answer Applies to: Florida
    Replied: 1/5/2011
    The Law Office of Eric R. Chandler, P.C., L.L.O.
    The Law Office of Eric R. Chandler, P.C., L.L.O. | Eric R. Chandler
    Depends on the type of case. For instance in an auto injury case where the other party is clearly at fault, more often than not the injured party will receive some type of settlement money when represented by counsel. I would need much more specific facts regarding your situation before I could give you any advice on proceeding with a claim. I and many other injury lawyers offer free consultations. Feel free to contact me or someone else in your are to discuss your situation.
    Answer Applies to: Nebraska
    Replied: 1/5/2011
    Willens Law Offices
    Willens Law Offices | Matthew Willens
    Assuming you have a viable case, a great majority of the time it is "worth it."
    Answer Applies to: Illinois
    Replied: 1/5/2011
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    While I think that insurance companies are one of the banes against society, I have been combating them for over 25 years and more often than not win and make it all worthwhile to me and the client. Do not be deterred by an insurance company. If your claim is valid, you can win. The merits of the case is what determines the value, not whether it is a private entity or an insurance co.
    Answer Applies to: California
    Replied: 1/5/2011
    Diana K. Zilko, Attorney at Law
    Diana K. Zilko, Attorney at Law | Diana K. Zilko
    It really depends on the quality of your claim. If you have a legitimate injury, received medical treatment, and can show the insurance carrier's insured was to blame, then the carrier will likely offer to settle. "Good" settlement money, however, is subjective. If you have any further questions, please let me know.
    Answer Applies to: California
    Replied: 1/5/2011
    Law Office of Matt Potempa, PLLC
    Law Office of Matt Potempa, PLLC | Matt Potempa
    Insurance companies are legally and contractually bound to pay claims according to their policies. Some discretion is allowed the insurance company's employees called adjusters to determine the legitimacy and amount of the claim. If you believe a claim is covered under a policy is certainly worth filing a claim.
    Answer Applies to: Tennessee
    Replied: 1/5/2011
    Magnuson Lowell P.S.
    Magnuson Lowell P.S. | Richard S. Lowell
    This obviously depends on the case and on the attorney who is handling it for you.

    The answer - generally - is 'yes.' If you have a decent case and a good attorney.
    Answer Applies to: Washington
    Replied: 1/5/2011
    Cary J. Wintroub & Associates
    Cary J. Wintroub & Associates | Sheldon J. Aberman
    Quite often. The insurance companies would like you to believe otherwise. However, the likelihood of success depends on the facts of the case.
    Answer Applies to: Illinois
    Replied: 1/5/2011
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