Author: Tim Rayne, Personal Injury Attorney at MacElree Harvey
Denise was a graduate student at Penn State when her life was suddenly transformed by a preventable accident. She slipped and fell on snow and ice at her apartment complex and sustained a serious wrist injury.
The condition never should have existed. The apartment owner and the snow removal contractor both failed to properly shovel and salt the parking lot after a snow storm and bitter cold created treacherous conditions which cased the fall.
Instead of taking responsibility, the Defense did what they often do: they blamed Denise.
At Mediation, the Defense made what they called a “best and final” offer. It was close, but not enough to fairly compensate Denise.
Then came the pressure. The defense attorneys stood firm. Even the Mediator, a retired judge, tried to strong arm Deniz to take the deal, claiming that she was risking getting significantly less from a Jury at Trial.
This is where many cases end.
The reality is, a lot of lawyers will tell their clients to take that “best and final” offer and move on. It’s easier. It avoids the risk, time, and effort of litigation.
But Denise made a different choice.
She stood her ground.
And as her lawyer, I stood with her.
We insisted that our valuation of the case was fair and walked out of Mediation without a settlement and made it clear: we were prepared to take the case all the way to trial. We moved forward aggressivel by scheduling additional Depositions to build the case, showing the defense we were serious and willing to take our chances in Court.
That’s when everything changed.
The same Defense lawyers that refused to compromise at Mediation came back and offered the number Denise had asked for all along.
In the end, Denise didn’t just settle—she closed the case on her terms.
The takeaway is simple: it matters who you hire. You need a personal injury lawyer who is willing to litigate and try your case, not one who simply accepts the “best and final” offer. Sometimes, the difference between settling cheap and getting fair compensation is having a lawyer willing to fight.
Sometimes, the best move is refusing to take the deal.
Author Tim Rayne is a Pennsylvania Personal Injury Lawyer with MacElree Harvey, and has offices in West Chester and Kennett Square. For over 30 years, Tim has been helping accident victims understand their legal rights and receive fair compensation from Insurance Companies. Tim has extensive experience negotiating settlements but also trying cases in Court. Contact Tim Rayne at 610-840-0124 or [email protected] or check out his website at www.TimRayneLaw.com.
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