by dasco » Thu Mar 15, 2012 10:56 am
As with most things in life, there are 2 sides to this coin. In any litigation, there are 2 sides, the defendant and the plaintiff. However, the way these two sides get paid are vastly different, and explain why cases often get dragged out for so long.
Plaintiff's attorneys in personal injury cases generally, but not always, are paid on a contingency fee basis. This means that they only get paid when they win (or more likely) settle your case. Therefore, there compensation is irrelevant to the amount of time and effort they put in, but rather, how much is paid out. Therefore, it usually behooves Plaintiff's attorney's to settle as quickly as possible, even if it would result in a lower settlement.
On the other hand, defense attorneys are generally paid by the hour. These fees can vary, and reaching up to several hundred or even over $1,000 per hour. Therefore, there is very little incentive for them to settle quickly, and often drag out the case to accrue as many billable hours as possible. While this is quite a dirty tactic, the fact of the matter is that it takes two to tango, and unless the Defendant steps in and demands a settlement, personal injury cases often drag out longer than they have to.