Omid Rejali, Esq.

NO.

Why not?

Insurance companies are in the business of making money and increasing the profits of their shareholders. To that end, they are only looking at their own interests and not of that of an injured party.

If the insurance company is offering to settle your claim for $10,000 you need to be asking yourself several questions.

1) What stage of the process is the claim at? meaning has a lawsuit been filed, or is the offer given before a lawsuit has been filed?

2) What is my attorneys reputation in the community?

3) What are my injuries?

4) What is the property damages amount?

Let's look at this questions from two angles. First, let's assume that you have received this offer prior to filing of a lawsuit.

If this is the case, your claim is at a minimum worth $30,000 to $40,000. Why? Because one of the factors among many others the insurance company looks at when making its offer is its insureds exposure, and the farther away they are from a trial the smaller their exposure is. By the same token, the closer they get to trial the larger their exposure becomes.

Now let's assume a lawsuit has been filed. Once a lawsuit has been filed the time starts ticking. Generally, once a lawsuit has been filed the courts require that a case be tried between 18 to 24 months after filing. So, following that same logic, as the case gets closer to trial, absent any bad facts, meaning you had hid something from your attorney, the offer will increase as the case gets closer to trial.

Ultimately, the decision to settle a case is always the claimant's. However, you want to make sure that you have someone that has your best interest in mind when settling your claim. Make sure that you actually feel comfortable with your attorney.

Thank you for reading my blog. I hope I have been able to give you useful information.

In my following blogs, I will discuss some of the other factors insurance companies consider in making their offers.

By Omid Rejali, Esq.

You've been injured, you hire an attorney, you seek treatment, and now its time to settle your claim with the insurance company. Are you getting the full value of your claim? Here are three reasons why you should speak with a trial lawyer prior to accepting a settlement.

1) Trial lawyers have a better understanding of the value of your claim

Trial lawyers are story tellers. To be able to tell your story, trial lawyers have to get to know you inside and out. What trial lawyers understand and the law also recognizes is that we are all unique humans, and for that reason no one has a right to take away from us our health, and cause us pain, suffering, disfigurement and loss of enjoyment of life. And if they do, they will have to pay for it. Remember, no amount of money will replace that, however, a jurors job is to put a valuation on that. A trial lawyer knows that, and by getting to know you, will be able to better assess the value of your personal injury claim.

2) A fresh set of eyes always adds a different perspective

As trial lawyers, we usually come into the case when the case is ready to go to trial. Having come in later, it allows the trial lawyer to take a look at all of the facts from an outsiders view, and based on his experience, and training and prior trial results give a better prediction on how much the value of your claim may be.

3) Trial lawyers care

Trial lawyers care. This is not to say your own attorney does not care. Trial lawyers however have a burning desire to make sure the insurance company pays what has been rightfully taken from you. This also is not to say that every case should go to trial. What trial lawyers care about however is to make sure that the insurance company pays for all the harms and losses you have suffered.

In conclusion, prior to accepting a settlement offer it would not hurt to speak to a trial lawyer to make sure you are receiving the full value of your claim. Thank you for reading my blog.

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On March 20, 2018 we filed suit against McDonald's in San Diego Superior Court for Negligence; Products Liability; and breach of implied warranty stemming from allegations that our client suffered from second degree burns, when the coffee that was handed to her was not securely fastened and poured onto her lap.

The parties are expected to make their first appearance on December 14, 2018.

The court case number is: 37-2018-00014613-CU-PL-CTL.