If your case is declined, the balance of your deposit not spent to obtain records and talk to experts will be refunded to you. Medical malpractice cases are vigorously defended by the insurance industry. The resources that a defendant has to fight a case are endless and they know that your resources are limited. It is our experience that insurance companies do not settle cases until you demonstrate to them that you have the expert witnesses, the resources and the attorney who is going to be able to beat them in court. Insurance companies only settle cases where they believe that there is a reasonable chance that they will lose substantial money at trial.
Money is the only thing that insurance companies understand.
Insurance companies and defendants have refused to make reasonable settlement proposals in many cases. The IRS audited the return, found the error and assessed back taxes, interest and penalties. We sued the lawyer. The defendant at first refused to admit that it had done anything wrong. Even after if admitted its negligence, it refused to make a good faith offer.