New York City Personal Injury Law Blog

Reasons Why the Defense Often Refuses to Settle in Accident Cases

Posted on Oct 26, 2014 in Legal Terminology

You might think that you have a strong case, but you are unable to understand why the defense is refusing to settle, and wants to go to trial. You have suffered serious injuries due to the carelessness of the other party, and due to these injuries, you have developed certain disabilities that are going to affect the remainder of your life. You firmly believe that your case is strong, as the other party has caused you grievous injuries, but for some reason the defense and their attorney are unwilling to settle, and want to go through with the trial.

Accident Cases

A guilty defendant may refuse to settle hoping the verdict is not guilty.

You may be disappointed by this, but in most instances, there is no incentive for the defense lawyer to try to settle the case early, since they gain no benefit by doing so. However, there is an exception. Only when the defense’s wrongdoing is quite clear and there is nothing to cast a doubt over it, only then, the question about the worth of your injuries come into play.

From a Different Vantage Point

However, this is again a highly contested issue. Hence, it is almost always never clear cut. Even when you have suffered serious injuries and they are going to affect the rest of your life, the question remains what is the true value of your injuries. Therefore, from the perspective of the defense, they definitely do not have much incentive in settling your case early.

The defense will only think of settling the case early, when they feel they have the incentive of making a discounted settlement. This is the only benefit defense will have for settling your case early, when they know you will accept a lesser amount. In all other instances, the defense will hold on to their money as long as possible, since they are not getting any benefit by trying to get rid of the case earlier. The defense knows that ultimately, you will be going to trial, and the jury will have to decide the amount of compensation, depending on the extent of your injuries.

Maintain Your Emotions

When you come to know that the defense is not willing to settle the case, do not lose your cool or become disappointed. You should know that the defense is not trying to be nasty, nor it is trying to punish you. The fact is they have no proper incentive in settling the case, unless it extremely clear-cut and everybody is agreeable about the extent of damages caused by the injuries.

Partially at Fault

This very rarely happens in accident cases. The defense might be able to prove that you might have also contributed to the accident, or there might be some other reason for the accident that does not involve the defendant. Even if negligence of the defendant is evident, there will be questions about the extent of your injuries and the amount they may be worth. Therefore, it is important to understand the mindset of the defense and the steps involved in the litigation progress.


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