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? - Is this your question? Add additional information
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Answers (3)

Howard E. Spiva

Howard E. Spiva

Contributor Level 6
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
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Jeena R. Belil

Jeena R. Belil Avvo Pro

Contributor Level 6
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.
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Linda Jane Chalat

Linda Jane Chalat

Contributor Level 4
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.
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