Monday, November 23, 2009

How Much Does A Lawsuit Loan Cost?

By Dr. Tom Rhudy

The frequency at which this question occurs by those who visit our site often amazes me. It is the wrong question. The true question is, "Does a lawsuit loan cost or pay?"

Remember, you will not be negotiating your settlement in a vacuum. When you file your claim, it is very unlikely that the other party is going to readily admit liability. As an expert witness, I've testified in more than 100 personal injury cases and have never encountered a situation in which the defendant readily admitted liability if the case actually goes to trial.

As the plaintiff, you will be amazed at the fact that the party who readily admitted liability when the incident occurred, now denies any liability whatsoever once you seek compensation for damages/injuries sustained. Frequently, you will find that the other party is now attempting to assign liability to you. It should come as no surprise that the other party is not willing to admit liability once litigation is underway. That's why they call it an adversarial system.

It is essential for you to have a good personal injury attorney representing your interest if the case goes to trial. Rest assured that the other party will, in most instances, be represented by an attorney for the insurance carrier. It is not uncommon for the defense attorney did meet his/her client for the first time at the courthouse.

It would be extremely helpful for you to realize that the defense attorney's motives have nothing to do with the party against whom you filed your claim. The defense attorney's motives are purely directed at the insurance carrier that is paying the bill. Of course, I'm fully aware of the fact that the defense attorney formally represents the party against him he found your claim. However, this is a sham.

Remember, in most instances, your claim will actually turn out to be against the insurance carrier. Insurance carriers don't make money by paying out claims without hesitation. It is the insurance carrier's reputation for denying virtually every claim submitted to it that has created the disdain many individuals have toward insurance carriers. It should be borne in mind that neither you nor your attorney, in the presence of the jury, will be permitted to make any reference whatsoever to an insurance carrier that may be ultimately on-the-risk to pay the claim. In fact, if either of you even mention the word insurance carrier in the prosecution of your claim, the defendant may seek and, in many instances, obtain a mistrial.

Hopefully, this article will assist in setting-aside any belief that the insurance carrier responsible for paying your claim has any interest whatsoever in seeing to it that you're treated fairly in the case. In fact, the insurance carrier doesn't want to pay you a penny. If this were not the case, you would not have filed a lawsuit in the first place. If this weren't the case, your claim would have been settled, in many instances, years prior. It is at this juncture that you are often faced with a decision. Will you accept the unreasonably low offer that the insurance carrier has placed on the table, or will you obtain a lawsuit loan to enable you to meet expenses so that you can pursue your claim to its conclusion?

Does a lawsuit loan cost or pay? You decide. - 29904

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