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Do personal injury lawsuit settle after the discovery?I know there is a lot of lawyers on here that have filed lawsuits. Do most of them really settle after the discovery? If so, why does it settle after the discovery? Does it settle by mediation? Who ask for the mediation the plaintiff's lawyer or the defendant? Do wanting to settle, show weakness to insurance company? Attorney answers (4)
Reputation Level 12
Answered over 2 years ago.
Trucking Accident Lawyer in Savannah, GA.
I am licensed in Georgia and can not advise you on your state's laws. Especially if you have an attorney.
However, if you need an attorney; you may want to contact the local bar for a reference. Every State and jurisdiction is different. My experience is 90% of cases settle before suit. Once in suit 90% settle before trial and many settle at trial. Generally there are "windows of settlment opportunites" in every case. After a demand letter, immediately after suit is filed, after discovery is complete, at the start of a trial, any time a trial seems to be going strongly for one side. Good Luck Make it a great day! Howard Spiva The Spiva Law Group does not represent insurance companies and for 25 years has been dedicated solely to the representation of individuals who are injured and their families. www.spivalaw.com 1 person marked this answer as good
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Reputation Level 12
Answered over 2 years ago.
Personal Injury Lawyer in Denver, CO.
In answer to your final question, whether a desire to settle shows weakness, it most emphatically does. The only threat a plaintiff poses to an insurance adjuster is the very real threat of a significant jury award. Make it clear that you do not wish to have a trial in your matter, you eliminate the risk of a jury verdict for which the insurance company must pay and you thus diminish the value of your claim. That is not to say that you should never engage in settlement discussions, but behind the settlement talks should be the viable threat of a jury trial.
The information provided to you in this answer is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation if you have further questions. 1 person marked this answer as good
Reputation Level 13
Answered over 2 years ago.
Car / Auto Accident Lawyer in Mount Sinai, NY.
There are so many different factors that go into answering your question and it really depends on the facts of your individual case. Many case do in fact, settle after discovery is complete, because the attorneys realize the cost/benefit of going to trial, which can become costly depending on how many experts are needed to testify. It can also depend on the extent of liability or value of pain and suffering etc. Many cases settle between the attorneys. Some cases settle with the help of mediators.
If you are looking to have more specific questions answered, or need to consult with a lawyer, feel free to contact me. 
Reputation Level 8
Answered about 2 years ago.
Personal Injury Lawyer in Pearl River, NY.
Most lawyers agree that 90 percent of cases settle. The issue then is when in the process do they settle. At my firm, our goal is always to settle and we dont care when, so long as we get the right number that makes our client happy. Last month, we settled a major automobile case before the lawsuit even started. That case settled for $500,000. However, there are other cases that do not settle until during or even after trial. In any event, the issue is never when will it settle but for how much.
Please call me if you have any further questions. Related Questions3 Attorney answers: 
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