What happens if my personal injury case does not settle? 46 Answers as of February 28, 2012

I do not want to have to go to court, but it doesn't look like the defendant is willing to compromise on a cost. Is it up to the other person involved in this incident? I tripped over a cement block that was on the pavement of a business. They had been doing construction earlier that week, but there was still some rubble left. I decided to sue the company for my injuries, but they are refusing to pay me the amount I am asking. What happens from here?

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Holzer Edwards
Holzer Edwards | Kurt Holzer
Well you can either settle, dismiss the case or go to court.
Answer Applies to: Idaho
Replied: 2/28/2012
Andrews & Sanders Law Office
Andrews & Sanders Law Office | Richard A Sanders Jr
Do you have an attorney? Discuss this with them. If you do not have an attorney then you probably need one. Generally, if a settlement is not possible then the parties go to court and let the Judge or Jury decide. You can't force the other side to be reasonable. You could always ask for less (if you really want to settle).??You could requet mediation. Try to get the mediator to get the other side to increase their offer.
Answer Applies to: Georgia
Replied: 2/27/2012
Steven Harrell, Attorney at Law | Waymon Steven Harrell
You need to retain an attorney, and have the attorney make the claim for you with the insurance carrier on the other side.
Answer Applies to: Georgia
Replied: 2/27/2012
Lapin Law Offices
Lapin Law Offices | Jeffrey Lapin
If you cannot get the defendant to offer an amount you think is fair, then either you must accept a lower amount or go to trial. These are your only options to get money. You cannot force the defendant to offer you more money to settle; you can only go to trial and have a judge or jury make the defendant pay you more.
Answer Applies to: Nebraska
Replied: 2/27/2012
DEAN T. JENNINGS, P.C.
DEAN T. JENNINGS, P.C. | Dean T Jennings
Up to a jury or Judge to find in your favor and set amount.
Answer Applies to: Iowa
Replied: 2/27/2012
    Toivonen Law Office | John Toivonen
    If the Defendant does not settle then you have to go to court. There may be hearings such as depositions. If at the end of discovery the Defendant does not want to settle, then you have a trial.
    Answer Applies to: Michigan
    Replied: 2/27/2012
    Law Offices of Richard Copeland, LLC
    Law Offices of Richard Copeland, LLC | Richard Copeland
    If the accident happened during the daytime, settle for anything you can. These are difficult cases to prosecute.
    Answer Applies to: Colorado
    Replied: 2/27/2012
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    In NC you have the problem of contributory negligence. You have to see where you are going. you have to see what there is to be seen. If the item was open and obvious and you did not see it you may lose the case. So squeeze what you can and settle the case. Don't take a chance on losing.
    Answer Applies to: North Carolina
    Replied: 2/24/2012
    Lennon Miller O'Connor and Bartosiewicz PLC | Christopher Morris
    Obviously, you are represented by an attorney and you should ask them. If a case does not settle, it will be up to the judge if the case is dismissed or goes to trial. In Michigan if the object you tripped over was open and obvious so that it could be seen by a reasonable person watching where they were walking, there would be no liability for the business and the court will dismiss the case.
    Answer Applies to: Michigan
    Replied: 2/24/2012
    The Lucky Law Firm, PLC
    The Lucky Law Firm, PLC | Robert Morrison Lucky
    If they are refusing to pay the amount you want, and you are unwilling to accept the amount that they are offering, then you will have to go to court and have a judge or jury decide the amount for you. Litigation is very tricky and one can receive more than, less than, or the same as what was offered.
    Answer Applies to: Louisiana
    Replied: 2/24/2012
    Law Firm of Martin & Wallentine
    Law Firm of Martin & Wallentine | Richard Martin
    If you and the defendant are not able to settle short of trial, your only options are to have a trial of the matter or voluntarily dismiss your claim. Rules pertaining to voluntarily dismissal can be highly technical and vary by jurisdiction.
    Answer Applies to: Kansas
    Replied: 2/24/2012
    The S.E. Farris Law Firm
    The S.E. Farris Law Firm | Spencer E. Farris
    If you and the defendant can't work out a compromise that you are both willing to accept, then 12 jurors will decide the case. If you filed suit, I am assuming you have an attorney, and he or she has told you about the steps to trial, and that even in suit, a case can settle. If you are trying to handle an injury case by yourself in court, you are indeed brave.
    Answer Applies to: Missouri
    Replied: 2/24/2012
    Chalat Hatten Koupal & Banker PC
    Chalat Hatten Koupal & Banker PC | Linda Chalat
    It is unclear whether you have a lawyer representing you. If you do, then these questions should be put to your attorney. If you don't, then you should consider hiring one. You may also wish to read more about premise liability claims.
    Answer Applies to: Colorado
    Replied: 2/24/2012
    Attorney & Counselor at Law
    Attorney & Counselor at Law | John Hugger
    Go to Court. If they know you do not want to go to Court it is not surprising that they are not settling.
    Answer Applies to: Colorado
    Replied: 2/24/2012
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    You may have to go to trial.
    Answer Applies to: New York
    Replied: 2/24/2012
    The Law Office of Stephen R. Chesley, LLC
    The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
    If a case does not settle you must aim towards a trial. Usually cases settle before they are actually tried but a case has to be prepared and processed with that aim. Just because you want a settlement number does not mean that is what the other side believes your case is worth. Factors such as liability must be included. That is how much of the accident was their fault and how much of it was yours. Sometimes the defendant obtain Discovery and hold depositions to actually evaluate the case.
    Answer Applies to: New York
    Replied: 2/24/2012
    Joseph T. Barberi, P.C.
    Joseph T. Barberi, P.C. | Geoffrey K. Rettig
    From you post, it sounds like you have been attempting to settle this matter on your own. I would never recommend such a course of action.
    Answer Applies to: Michigan
    Replied: 2/24/2012
    VANJOHNSON LAW FIRM, LLC
    VANJOHNSON LAW FIRM, LLC | Anthony Overton Van Johnson
    It is probably the Defendant's insurance company that is unwilling to pay what you are asking. Accordingly, your two options are to (1) reach a settlement agreement or (2) file a lawsuit before the statute of limitations runs out.
    Answer Applies to: Georgia
    Replied: 2/24/2012
    Bernard Huff, Attorney/Mediator
    Bernard Huff, Attorney/Mediator | Bernard Huff
    You should consult with or retain a plaintiff's personal injury or accident lawyer for specific legal advice and direction and follow it.
    Answer Applies to: Indiana
    Replied: 2/24/2012
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    Sounds like they are doing a good job of negotiating: you don't want to go to court, but you don't want to accept the amount they are offering. If you accept the offer, you are trading your disappointment in not getting more for your reluctance in going to court. If you proceed to go to trial, you are trading the certainty of the amount they are offering against the probability of getting more or less from a jury. The only way to prepare for settlement is to prepare for trial. The company may revise its thinking if they understand you are prepared to go the distance. Or, they may decide to take their chances if they think you are being unreasonable. "What happens from here?" that's why we have trials.
    Answer Applies to: New York
    Replied: 2/24/2012
    Paris Blank LLP
    Paris Blank LLP | Irving M Blank
    You either quit or go to court. It takes both sides to settle and neither can make the other settle. Both have the right to go to court.
    Answer Applies to: Virginia
    Replied: 2/24/2012
    Lombardi Law Firm
    Lombardi Law Firm | Steve Lombardi
    If it doesn't settle then it goes to trial. Beyond that advice it's impossible for me to answer because I know nothing about your case, where it's filed, what level of court and how far along you are with discovery.
    Answer Applies to: Iowa
    Replied: 2/24/2012
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    I presume you have an attorney. If so, he or she should be able to advise you on how to proceed. If you don't have an attorney, that's probably a big reason they are not willing to settle. Slip and fall cases are tough to prove and disfavored in the law. Without an attorney, you are at a huge disadvantage. With or without an attorney, your best bet is to push for trial. This would increase your chances of the best settlement offer assuming there are good facts for liability.
    Answer Applies to: California
    Replied: 2/24/2012
    Law Office of Patrick E. Donovan, PLLC
    Law Office of Patrick E. Donovan, PLLC | Patrick E. Donovan
    If you cannot settle, the case will need to go to trial. Like any dance, it takes two to tango and you cannot settle if the other side is unwilling to compromise.
    Answer Applies to: New Hampshire
    Replied: 2/24/2012
    Law Offices of George H. Shers | George H. Shers
    Have you also sued/made a demand on the construction company as they were negligent in leaving the rubble there. You should probably speak with a personal injury attorney[s] to see if you demand is reasonable and if it is, maybe hire them to write a demand letter, paying them at a flat hourly fee for the letter.
    Answer Applies to: California
    Replied: 2/24/2012
    Attorney at Law | Ernest Krause
    You "decided" to sue. You filed a Complaint in court? If they don't pay what you want you move toward trial so someone else (the judge or a jury) decides what they should pay. Before then, there would be a settlement conference where the judge or other court person tries to hammer out a settlement. You need all your medical treatment records. You need advice regarding fees that could be assessed against you if you don't do it right.
    Answer Applies to: California
    Replied: 2/24/2012
    R. D. Kelly Law Firm, P.L.L.C.
    R. D. Kelly Law Firm, P.L.L.C. | Robert Kelly
    If you've been wronged, you either settle or sue. Your chances of getting what you want improve greatly when you retain an attorney.
    Answer Applies to: Washington
    Replied: 2/24/2012
    The Carlile Law Firm, LLP
    The Carlile Law Firm, LLP | D. Scott Carlile
    If they will not agree to pay a reasonable amount, then your only options are to drop the suit or go to trial.
    Answer Applies to: Texas
    Replied: 2/24/2012
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Talk to your attorney. He or she should have the information to assist you in deciding to accept or reject a settlement offer. If you do not have one and you are looking at substantial medical bills, lost wages etc. (specials), then retain one. If specials are small and injury is not much more than some bruising and scrapes, it is not a very big case.
    Answer Applies to: California
    Replied: 2/24/2012
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    You file suit and go through the discovery process. The case may settle, it may mediate, or you might have to try the case.
    Answer Applies to: Alabama
    Replied: 2/24/2012
    Dungan, Lady, Kirkpatrick & Dungan PLLC | Michael Dungan
    It takes two to tango and two to settle. Of there is no settlement, the next step is a trial, although you can try a facilitation or mediation.
    Answer Applies to: Michigan
    Replied: 2/24/2012
    Ford, Howard & Cornett, P.C. | Bradley Cornett
    If the parties can not / will not reach a settlement, then the case goes to trial. If you fail or refuse to go to trial when scheduled by the judge, your case may be dismissed for want of prosecution.
    Answer Applies to: Alabama
    Replied: 2/24/2012
    Raheen Law Group, P.C.
    Raheen Law Group, P.C. | Wali Raheen
    If you made a claim with them and they denied it, then you need to decide if you want to pursue this case. To determine that, I suggest you meet with an attorney to evaluate your case.
    Answer Applies to: Virginia
    Replied: 2/24/2012
    Bulman Law Associates PLLC Injury Law Firm
    Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
    Go ahead and sue them in your local Justice Court. It is just like the people's court on TV. Have pictures of the rubble, medical expenses, payroll records or whatever you think proves how much you should be compensated.
    Answer Applies to: Montana
    Replied: 2/24/2012
    The Smalley Law Firm, LLC | Cary Smalley
    Have you already filed your lawsuit? You will have no choice but to go to trial or dismiss the case if you cannot reach a settlement with the other side.
    Answer Applies to: Kansas
    Replied: 2/24/2012
    Ezim Law Firm | Dean Esposito
    You can either accept the amount they have offered you or file a lawsuit against them.
    Answer Applies to: Louisiana
    Replied: 2/24/2012
    Koning & Jilek, P.C.
    Koning & Jilek, P.C. | Jonathan Neal Jilek
    If the Defendant will not pay what you are asking and the suit has been filed, the case proceeds toward trial. There is a scheduling order that controls the dates by which tasks must be completed. There is also a case evaluation system in Michigan in which a panel of three lawyers evaluate your case and come up with a number that they believe should settle the case. There are consequences surrounding the number that a lawyer can explain.
    Answer Applies to: Michigan
    Replied: 2/24/2012
    Gilbert & Bourke, LLP | Brian J. Bourke
    If you cannot reach a settlement, your only option is to look into a mediation or arbitration being offered by the defendant. If not, your only recourse is to file a lawsuit. You should retain an attorney as soon as possible.
    Answer Applies to: California
    Replied: 2/24/2012
    Dwyer, Black & Lyle, LLP
    Dwyer, Black & Lyle, LLP | Kevin Habberfield
    If the insurance company (make no mistake that is who is holding up settlement) will not voluntarily pay you must make them do so by getting 6 strangers off the street to tell them they have to. Typically, the person responsible has little to do with settlement as it is the insurance company that is paying, not the responsible party. Don't give up now. Insurance companies have three motto, deny, delay and defend. They do this to wear you down. If you believe in your case, fight for your life. If it is a defendable case and the insurance company really believes their insured did nothing wrong, then it is best to let 6 strangers sort it out for us.
    Answer Applies to: New York
    Replied: 2/24/2012
    Buttafuoco & Associates | Buttafuoco & Associates
    If you have an attorney you should direct your question to him/her. If you do not have an attorney you NEED to find one ASAP. It will be near impossible to represent yourself against the army of attorneys the company is sure to have.
    Answer Applies to: New York
    Replied: 2/24/2012
    Bruce Plesser | Bruce Plesser
    If you don't like the settlement offer and won't take it, your only recourse is suing.
    Answer Applies to: Florida
    Replied: 2/24/2012
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    Listen to your lawyer. Whoever is representing you is in the best position (and should be the only person) to advise you.
    Answer Applies to: Florida
    Replied: 2/24/2012
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