Chattanooga Personal Injury Attorneys

What To Do If You Disagree With Your Attorney About Settlement Or Trial?

What To Do If You Disagree With Your Attorney About Settlement Or Trial?

One thing we always tell our clients: whether or not to accept a settlement offer is always up to the client.

But, the attorney is there to represent your wishes with the upmost diligence and skill.  With that in mind, you should always think long and hard before you reject your attorney’s recommendation to accept a settlement.  If you choose your attorney carefully, your attorney has years of experience handling your type of case.  Those years of experience mean that your lawyer is going to evaluate properly your claim, help you make the most informed decision possible, and what a jury might give  you if you go to trial.

Additionally, your attorney probably is being truthful about the insurance company’s offer simply because the law requires your attorney to be truthful in these matters lest they lose their law license.  Just explain your concerns about the settlement offer so your attorney can address all of your concerns.  Then listen carefully when your attorney explains why they are recommending a particular course of action, and ask questions until you are satisfied with the answers.

Why Your Attorney May Want to Settle (Even If You Don’t)

Keep in mind that one of the reasons your attorney may wish to settle is because, based upon your attorney’s experience, your case is weak, or you are not a sympathetic victim.  The more sympathy a jury feels for a victim, the more the jury will award.  If an attorney believes a jury will have little sympathy for you, your attorney may believe you should avoid trial and settle.  If you have a weak case (you can’t connect your injuries to the accident or you may partially have been at fault) your attorney should know this and take this into account when recommending settlement.  The attorney may be relieved at the amount of the settlement offer on the table.  In fact, based on previous cases, your attorney may have reason to believe that the settlement offer is more than you can expect a jury to give you.

Keep in mind that most accident/personal injury attorneys are paid on a contingency basis.  That means the more money they get for you, the more money they get for themselves.  Therefore, it is always against an attorney’s self-interest to take one penny less than the full value of your case.

Trials Can Be Lengthy and Expensive

Your attorney may also advise that you settle because trials are lengthy and expensive.  If you want to see your money within the next year, then settlement is almost your only option.  Also, keep in mind that while the attorney fronts the costs of a trial, those costs come out of any jury award.  Because trials cost so much money, your attorney only will recommend trial if they believe a jury will award a lot more than the settlement offer.

Your attorney may recommend you turn down the settlement and go to trial when he or she is convinced the defendant is offering a significant amount less than what experience says a jury would award.  If that is the case, it may be best to endure the long trial process rather than take a smaller amount now.

A car crash can be one of the most significant events of your life.  That is why it is important to hire the most experienced attorney to guide you through these decisions (and rarely are they found on billboards.)

By |2022-03-14T19:47:01-04:00September 9th, 2021|General Info|Comments Off on What To Do If You Disagree With Your Attorney About Settlement Or Trial?
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Personal injury 

In almost all personal injury claims, insurance companies will offer you significantly less than what you deserve. It’s tempting to accept the first offer, especially if you are in a great deal of pain and unable to return to work. But if you’ve already taken a devalued settlement from the insurance company and your medical bills start to pile up, there’s little legal recourse to ask for more. That’s why it’s crucial to involve a Chattanooga personal injury lawyer before you even file a claim.

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Car Accidents

Chattanooga car accident lawyers Tricia Dennis and Lupton Winningham have recovered millions of dollars in Georgia and Tennessee for car and motor vehicle accident victims like you.  If you or a loved one has been injured and need help with your medical bills, then you have come to the right place.   Auto accident victims and their family members in East Tennessee and North Georgia can confidently rely on the experienced auto accident attorneys at Dennis & Winningham Law. We are the law firm that has compassionately, yet effectively, helped victims and their loved ones navigate the aftermath of difficult situations.

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Trucking Accidents

Truck accidents in the United States are on the rise. Recent statistics show that almost 150,000 people are injured in truck accidents each year, and 6,000 people are killed. The regional area of Georgia and Tennessee is a crossroads and a center for car manufacturing, river traffic, and other industries. Large trucks, semi-trucks, 18-wheelers, and other commercial vehicles are constantly on the road. This has a downside as frequent truck accidents occur on I-75, I-24, I-59, Highway 153, U.S. 27, Amnicola Highway, Corridor J, and other roadways. If you or a loved one has been injured in a Georgia or Tennessee truck accident, you may be eligible for substantial compensation.

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Motorcycle Accidents

Experienced Chattanooga motorcycle accident lawyers Tricia Dennis and Lupton Winningham are avid fans of motorcycles, but they also realize how serious motorcycle accidents can be. With over 75 years of combined experience, Dennis & Winningham Law Injury Law knows the legal process to achieve fair compensation for motorcycle crash victims. Contact one of our lawyers today to learn more about how to start your motorcycle accident claim.

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ATV Accidents

Under both Tennessee and Georgia law, ATVs are not authorized for use on paved road, but children continue to bring ATVs on to our roads and highways. Georgia and Tennessee laws also prohibit the carrying of passengers on most ATVs, require children below the age of 16 to take approved ATV training courses, and require kids younger than 16 to wear helmets, eye protection, and over-the-ankle boots when operating ATVs. However, these requirements apply only when ATVs are operated on public lands, leaving kids essentially without protection when riding ATVs on private property.

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The most tragic type of bicycle crash is a bike-car collision. Cyclists are completely defenseless traveling on 30-pound bikes when they’re surrounded by 3,000-pound cars and trucks racing by them. Pedestrians, defective bike parts, recalled bike helmets, and other ineffective bicycle safety equipment can also cause bicycle accidents. Bike accidents can result in wrongful death or serious injuries such as broken bones, amputation, traumatic brain injury, neck, back, and spinal cord injuries.

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Boating Accidents

One of three factors usually cause boat accidents: an inexperienced boater, an intoxicated operator, or a boat malfunction. More than a third of both fatal and non-fatal boat accidents are alcohol-related. It is estimated that boat operators with a blood alcohol content of .10 or higher are 10 times more likely to be injured or killed in a boat accident than sober operators.

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Nursing Home Abuse

No one ever expects a family member or friend to be the victim of abuse or neglect in a nursing home. However, abuse and neglect do occur every day and in many ways.

Dennis & Winningham Law are Chattanooga nursing home abuse attorneys who will fight to recover all that you and your loved one deserve. With our experience in nursing home negligence matters, we thoroughly and carefully assess each individual case. We prepare each case for either settlement or trial in order to obtain compensation for injury, medical expenses, and pain and suffering. We help victims and their families hold these facilities accountable.

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Premises Liability

Premises liability is a vital facet of personal injury law, placing responsibility on property owners for maintaining a safe environment. When accidents occur due to negligence or hazardous conditions on someone’s property, victims have the right to seek compensation. This encompasses incidents like slip and falls or inadequate security leading to assaults. Dennis & Winningham Law excel in handling these complex cases, tirelessly pursuing justice for our clients.

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There are 5 points to your free claim strategy session:

  • First, we will listen to your story. You will have a chance to tell everything to someone who wants to hear what happened to you.
  • Based on the information you provide, we will give you our best advice on both what claims you have and the next steps you should consider to go forward with your claim.
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