In the course of handling a civil claim, it may be possible to settle the case before suit is filed. However, cases that I take on are initiated with the idea that a lawsuit may have to be filed and if your case appears to be one that the insurance company is either unlikely to settle for any reasonable amount or has expressly indicated that they are not willing to settle, then a lawsuit will be filed.
The fact that suit is filed does not mean that the chance of settling has been lost. Many cases still settle after the suit has been filed at the courthouse. The mere filing of the suit does not always mean that the other party must be served with the suit papers immediately. In some jurisdictions it is possible to hold service for some period of time.
In general it is best to maintain the attitude that you will be willing to settle if the other side is willing to be reasonable. If they are not, you need to be prepared to forge ahead.
Legal answers provided by Brien Roche, a personal injury attorney with over 35 years of trial experience. Contact Us today to discuss your personal injury matter.