The insurance company will enter a settlement agreement only if it’s the company’s best interests to do so. However, on the whole, the insurance company knows that settling a claim is in its best interests. Litigation is expensive, and the insurance company knows it is more efficient and less expensive to pay fair compensation to you for your loss rather than pay attorney fees to lawyers to fight against you, especially when the outcome of a trial would be unpredictable.
For example, critics of medical malpractice lawyers argue that lawsuits increase the cost of healthcare, and that lawsuits may inspire doctors to leave medical practice or create doctor shortages. These concerns have not been well substantiated. A publication by the Robert Wood Johnson Foundation found little evidence that traditional tort reforms affect medical liability costs or defensive medicine. A study conducted on a bi-partisan basis in Texas has found that tort reform, once enacted had no impact on reducing the cost of medical care, tending to throw doubt on claims made by tort reform advocates.
Filing of a lawsuit puts your case in line behind other cases that were filed before yours. Court docketing varies by county, but typically, about 6 months after the lawsuit is filed the Judge will have a “Case Management Conference” where the personal injury lawyers will meet to discuss the details of the case with the Judge. At this time the Judge will set deadlines for certain stages of the case and set a Trial Date.
Some bar associations and attorney organizations offer certifications, including certification of lawyers in the field of personal injury. Certification is not required to practice personal injury law, but may help a lawyer demonstrate knowledge in the field to potential clients. Within the U.S., not all state bars offer certification for personal injury law. Some states, such as New Jersey, allow lawyers to become Certified Trial Attorneys, a credential that is available to both plaintiff and defense attorneys. Some states, such as Arizona, restrict the use of the words "specialist" or "specialize" to lawyers who have obtained a certification from the State Bar Board of Legal Specialization in a specific field of law, with one such certification being in the area of personal injury law.