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Property Damage from a Derailment - Settle instead of Sue?
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[quote]QUOTE: <i>Originally posted by jchnhtfd</i> <br /><br />Oddly enough, it seems to me that most companies (and individuals!) (but unfortunately, not all...) who are involved in an accident where someone's property was damaged or someone was injured would much rather settle for what appears to be an equitable amount. As mudchicken says, the railroad claims agents do a pretty good job at this (except, of course, for the few...). However, as soon as a lawyer becomes involved (usually at his or her suggestion -- 'Oh you poor injured victim -- I can get you a lot of money from that company!') and greed sets in, the costs skyrocket. As in any other profession, though, before we all go jump on the lawyers, it is well to remember that the vast majority of lawyers are thoroughly ethical folks! But there are a few -- we used to call them 'ambulance chasers' -- who aren't... <br />[/quote] <br /> <br />Jamie- <br /> <br />Popping on my devil's advocate hat for a moment having been both a lawyer for insurance companies and their insured's on the defense side and an injured plaintiff on the other the simple truth is that if you have a decent case you will get a better settlement with a competent attorney than without most of the time. Of course, that settlement must still cover the sttorneys' fees and costs of litigation which is something the client must carefully consider both at the time they retain counsel and at the time of consideration of any settlement offer. It is a tricky balance and if not well explained by the lawyer or without proper and realistic consideration by the plaintiff is likely to result in issues for both. <br /> <br />LC
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