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Auto accident injury settlement offer after lawsuit filed

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The offer did not change after legal action began and the injured party continues to consider the offer as the discovery phase may begin. How to handle trying to consider and accept their offer after they have begun depositions. None of the offers have come with an expiration date. Legal action was a way to try to get the court to ask for mediation so that a settlement can be reached. So an actual court appearance may not be desired with the goal to be their highest offer even if it is the one made before the suit was even filed. 

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danward said:   The offer did not change after legal action began and the injured party continues to consider the offer as the discovery phase may begin. How to handle trying to consider and accept their offer after they have begun depositions. None of the offers have come with an expiration date. Legal action was a way to try to get the court to ask for mediation so that a settlement can be reached. So an actual court appearance may not be desired with the goal to be their highest offer even if it is the one made before the suit was even filed. 
Since you're talking in the third person, I can't tell who you are in the lawsuit or what you are asking.

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sounds like another school question again.

Is there a law school that is telling their students to post on FW?

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Why not ask the injured party's attorney how to handle this?

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got to love the "new" member post sometimes.

nobody here is going to know the answer even if the people posting were lawyers (im certainly not). They dont know the facts about the case to even begin to guess. You have to ask the lawyer for your side and if you dont feel confident with his or her answer then you need to pay another lawyer to review all the facts and applicable laws to give you just another educated guess.

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danward said:   The offer did not change after legal action began and the injured party continues to consider the offer as the discovery phase may begin. How to handle trying to consider and accept their offer after they have begun depositions. 
What are the injuries? How much is the offer? If the injuries are burns from spilled coffee that was too hot, and the offer was free coffee for life, take it.

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meade18: I am the spouse of the injured so any settlement is a family matter. If an offer was made and it was not accepted and a lawsuit was filed and still that offer was not accepted........then would that offer still be there after the insurance company may have spent dollars of trial related expenses like depositions? None of the offers have had any expire date though future ones might. We are concerned about actually going to court and would like to consider their highest offer as some point in the post lawsuit period of time. Opinion on when they may pull their offer and just say they'll see us in court and we are left with only one choice when court appearance was not desired. Attorney suggested filing suit to try to force a higher offer either voluntary or at any court requested mediation event.
 

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Once your attorney is engaged, he's probably gonna want his 1/3.

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What did your attorney say?

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danward said:   meade18: I am the spouse of the injured so any settlement is a family matter. If an offer was made and it was not accepted and a lawsuit was filed and still that offer was not accepted........then would that offer still be there after the insurance company may have spent dollars of trial related expenses like depositions? None of the offers have had any expire date though future ones might. We are concerned about actually going to court and would like to consider their highest offer as some point in the post lawsuit period of time. Opinion on when they may pull their offer and just say they'll see us in court and we are left with only one choice when court appearance was not desired. Attorney suggested filing suit to try to force a higher offer either voluntary or at any court requested mediation event.
  
I've never been in your situation, so it would be silly of me to speculate. That's essentially what you are asking people here to do, though. So unless you want to be extremely specific and say who you are suing, and you happen to find some one else who has sued the same company and been in a similar situation to you, anything anyone says here is likely worthless in your case. The honest answer is, "No one knows." Your attorney is probably the most knowledgeable person to ask these questions to, hence ach's, dhodson's, and Jerosen's posts.

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It sounds like you got a settlement offer, which you did not like.

You files suit, without truly believing that you had a solid case, hoping the settlement would increase.

The insurance company called your bluff.

Now you are here asking what to do. Am I on the right track?

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If they made the same offer after the lawsuit was filed, then I'd assume it was still a valid settlement offer. But why file suit if the offer was good enough? At this point it's all posturing and negotiation. If the offer was reasonable, then you've made a terrible move. If you can genuinely justify a higher amount, you'll likely have to go through all the motions of taking it to trial. Many cases get settled the day before (or morning of) jury selection.

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