When the “Last Best Offer” Isn’t the Best

We often hear from clients that they have had personal injury claims in the past where an attorney has told them “this is the best we can do.” Insurance companies and the lawyers that work for them are in the business of making money. This means they want to pay as little money as possible to resolve a personal injury lawsuit. In determining how much money a claim is worth, an insurance company must weigh how much money a plaintiff’s attorney will recommend to their client. A major factor in this evaluation is whether the law firm representing the plaintiff is willing to go to trial. Many firms will accept what they believe to be the “last best offer” from the insurance company prior to proceeding forward with the expenses and risks of a trial. Insurance companies are very aware of which law firms will take the case to trial to obtain the best possible result for their clients and which law firms look to settle claims before trial.

Recently our law firm was asked by an injured construction worker to take over a case after receiving a settlement offer of less than one hundred thousand dollars, which his attorney recommended he accept. After our firm took over the case, it was resolved two years later for two million dollars. Our firm was involved in another similar situation this year where an insurance company was willing to pay one hundred thousand dollars immediately prior to trial. While many attorneys would have recommended this settlement amount to their client, our law firm proceeded to trial, which resulted in a jury verdict in the amount of four hundred thousand dollars. This return of four times the “last best offer” demonstrates to insurance companies that at Hach & Rose, LLP, trials will occur when their “last best offer” is not in the best interest of the client.

At Hach & Rose, LLP, we pride ourselves in obtaining the best possible result for our clients, not the result which is the “last best offer” from an insurance company.


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