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NEGOTIATING WITH INSURANCE COMPANY: Is it worth negotiating with the insurance company before filing a Virginia medical malpractice suit?

 

A: In most cases, the answer is no.  It is generally not worth your time to negotiate with the insurance company before pursuing a lawsuit.

Insurance companies know what they are doing and they are skilled at finding ways to avoid paying on claims.  The insurer will use the pre-suit negotiation to obtain as much information about you, your lawyer and your experts, as possible.

We believe it is a waste of time to attempt to negotiate with the insurance company before filing suit.  Instead we usually file the lawsuit first, so that if negotiations break down, we already have a trial date set.


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