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How often do your cases end up going to trial?

Herb: I’d probably say less than ten percent.  Most cases do get resolved.  The cases that don’t get resolved are usually problematic where the insurance company thinks there’s a prior condition that the client may have had a long time ago that may really be the problems they’re having right now.

It may be unreasonable expectations by the client or the insurance company.  But most cases, at some point, do get resolved.

A lot of people don’t like to take the risk of a jury, but sometimes you have to.  You have to take a risk, go to court, and go to a jury trial.  Sometimes the insurance company’s just not being fair.  And if that’s the case, if your client’s truly hurt and the insurance company’s not being fair, the jury will award the money.  And depending on the type of case or the size of the case, the judge could award attorney fees to punish the insurance company.

In North Carolina, if the jury awards you more than the last offer by the insurance company and it’s less than a certain amount, the judge can tack on attorney fees.  And what that does is give attorneys on smaller cases the incentive to take these cases to court.  A lot of attorneys don’t want to take a case to court that’s worth $2,000.00 or $3,000.00 and spend 100 hours working on it.  That comes out to a dollar or two dollars an hour.

And the insurance companies know that they’re low balling these small cases.  But if the attorney takes the case to court and wins that case, let’s say the insurance company offers $3,000.00 on a case where the bill’s $4,000.00, the jury awards $4,050.00, and the judge can award attorney fees up to $10,000.00 to penalize the insurance company.

Insurance companies have gotten really tough and they’re low balling on a lot of cases.  And we’ve been successful, like other firms, at getting awards on those.  Some of these insurance companies now, GEICO, Allstate, they’re just making unreasonably low offers and a lot of clients accept them and some don’t.  And they take the risk.  But if you go to court on those cases, you can win.

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The list of prior client settlement results and client reviews/testimonials, do not constitute a promise of any particular result in any particular case, as each and every case is unique. Each case was handled on its own merit, and the outcome of any case cannot be predicted by a lawyer or law firms past results.

If a recovery or settlement by trial is made, the client will be responsible for costs advanced in addition to attorney fees. Client remains responsible for costs, expenses and disbursements, including medical bills, within the scope of representation. The attorney’s contingency percentage will be computed prior to the deduction of expenses from the total recovery.

The principal office for Auger & Auger Law Firm is located at 717 S. Torrence St., Suite 101, Charlotte, NC. The attorneys and staff of Auger & Auger Law Firm work and process all of the firm’s files at the principal office location in Charlotte, NC. Other office locations listed on our website are satellite offices that are not staffed daily. Satellite offices are operated for the convenience of our clients and who live outside of the Charlotte, NC metro area and are unable to meet with us at our principal office location. All meetings at our satellite offices must be made by appointment only. Phone numbers for satellite offices forward to our principle office location in Charlotte, NC.