When You Can't Settle - Find a Lawyer or Pursue Other Options...

You don’t necessarily need to find a lawyer just because you can’t reach a settlement. There's other options out there for you and, in a lot of cases, you can even go to court and pursue a lawsuit all on your own.



Sometimes though, you'll find that the stakes are just too high. When the adjuster refuses to settle for the amount you want, then going to find a personal injury lawyer may be your best option.

By now you've made a demand and have taken part in negotiating several settlement offers. Despite that, you have a limit as to how low you're willing to go. The adjuster, no doubt, is limited to how high the insurance company will to go.

If neither party can convince the other to accept the settlement demand or offer, then formal negotiations will have to end. This impass takes your case to a different level which may, or may not, be court.

Is Mediation an Option?

One alternative to court that's starting to become more common is mediation. Unlike a formal court hearing, both parties first have to agree to take part in the mediation.

The idea of mediation is that you and the insurer come together, with a mediator who, as an unbiased third party, tries to help you come to an agreement. Because you know your claim thoroughly, and because there aren’t any strict legal rules to be wary of, there isn’t usually a need to find a lawyer now.

If you know you've got a strong case, but you've got little faith in you holding your own in a mediation, then you might want to find a lawyer to negotiate on your behalf.

How About Small Claims Court?

If mediations don’t work or they simply aren’t an option, then you may have to turn to small claims court. Merely filing a suit in small claims court may pressure the adjuster into settling, to avoid the extra costs.

In cases where you have to go through with your lawsuit, you should realize that small claims court isn’t really that intimidating. Like mediation, you'll likely be able to handle it without having to find a personal injury lawyer.

Taking the step towards small claims court comes with certain limitations. Every state has a limit on how much money can be awarded in small claims court. This amount can be as low as fifteen hundred dollars. If your settlement demand is a few thousand dollars higher than the limit, then small claims court is not worth your time.

In such cases you'll wind up going to a higher court. And you'll almost always want to find a lawyer to represent you. When you take this step, it's because you're seeking large damages that you truly need. You'll be going up against a legal team that has a lot of experience. Going into that courtroom alone, with no legal training, will truly work against you - and there's too much on the line to take that kind of risk.

There are times when you might want to find a lawyer even before initial negotiations end. You might want to write your demand letter and hear back from the adjuster once or twice. You have confidence in your ability to file a claim and you want to see what the adjuster will say. If they offer a settlement that's high enough to please you, then you might just take that money and be done.

But if you find that they aren’t willing to give you proper compensation, then you may decide it's worth it to have a professional handle the rest of the negotiations. Also, as we’ve already said, there's nothing stopping you from going to find a lawyer for a brief consultation. That may be all you need.

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