In previous insights we have discussed how, despite there being a lot of vagaries, we try to keep things moving in our clients’ claims. We do this by proactively managing them, following up all lines of inquiry sooner rather than later.
Potential clients may sometimes be concerned a lawyer seeking a quick result will ‘sell out’ their client’s interests. However, lawyers have a duty to act in their client’s interests. This means not underselling a case, but also not unduly delaying a case where the prospects will not improve.
Over the years we have heard of situations where a complete ‘slam dunk’ case, in which there was little argument about the facts surrounding the incident nor the gravity of the injuries and damages, meant a matter settled very quickly. These sorts of case are very much in the minority, because like everything in life, there are always two sides to every story, and possibly more.
Sometimes, we caution against settling a case too soon. This could be because the client has not yet reached maximum medical improvement, or there is concern their symptoms may yet flare up or treatment might result in an adverse outcome.
Sometimes trying to settle a case straight away can send the wrong message to the other side, that there is a degree of desperation, and that this client will settle for less than they should. Compare this to a house or a car for sale: when you know the owner is desperate to get rid of it, a low cheeky offer may well seal the deal, even though they are underselling themselves. Of course, we take our clients’ instructions and if they wish to finalise a case for less than what we advise, then they are perfectly entitled to do that, and may well have their own reasons for doing so.
In our experience, a well-prepared and thought-out case where all the evidence has been brought together is one that will get the best result.
We use sophisticated claims management software to keep on top of all our cases, and it allows us to chase up loose ends to ensure we have everything to hand when the right time comes.