We recently settled two cases during very different stages in litigation which teach good lessons on how to keep a case moving forward while also still negotiating settlement.

We settled Hannah's case last week in a Mediation. Hannah was in a car accident in 2011. We got the case in 2016 and (since the statute had tolled until Hannah was 21) we had 2 months to file suit. We finally got an offer from the insurance company.

But it was too low so we filed suit.

The accident was caused when another driver failed to yield the right of way to Hannah - they turned left at an intersection in front of Hannah. The vehicles collided head on.

The family attempted to settle the case on their own, but Hannah began to have other health problems arise caused by the accident and came to us for help.

The defendant was young at the time of the accident also and had moved away for college, therefore, it took a VERY long time to track her down to obtain service. Our client answered discovery and gave her deposition.

However, the defendant would not cooperate and answer discovery or make herself available for deposition. We should not push the issue too much as lack of cooperation of a defendant can give the insurance company grounds to invalidate coverage. So we said, lets just try the case.

So, after 2 years of attempting to get the Defendant to cooperate, we set the case for mediation in an attempt to resolve the case. The case resolved at mediation.

Mediation is one tool used in negotiating a settlement. A neutral third party helps to talk to both parties about the realities of their cases in hopes that they can agree on a settlement that makes sense.

Mediation is just one tool of negotiations and can be done at different stages of litigation depending on the case. It made sense for this case to do it without having taken the defendant's deposition or doctors deposition since the defendant was not cooperating.


We also settled a case for Heather and Ryan. They were traveling through their subdivision on their way home when the defendant sped through the subdivision and crashed into our clients - head-on.

A neighbor in the subdivision had a camera that caught this crash on video. Our clients were able to get a copy of that video from their neighbor. Check out the photos below -- the other driver was going pretty fast, especially for a neighborhood:

We signed up Ryan and heather 5 days after the accident. Ryan sustained a serious concussion along with neck and knee injuries from this crash and was taken directly to the emergency room. Heather hit her head and also had pain in her back, left arm, and abdomen. Both clients treated with a chiropractor and Ryan sought treatment from a neurologist for his severe concussion.

We sent a demand to settle the case but the insurance company refused to response to that demand with an offer. Therefore, we filed suit in Jefferson County. Once we obtained service on the defendant and completed discovery, we asked about settlement but the defense lawyer said he stated that he had to take depositions prior to settlement discussions.

So, we scheduled the depositions on both Plaintiffs and the Defendant. The day before the depositions we received a call from the defense counsel who stated that he wanted to talk settlement.

The policy limits applicable to this claim was 25/50. We advised that we would not take anything less than the policy limits. We canceled the depositions and received a call that day with the policy limits offer $25k each

We had to go through litigation a bit before opposing counsel was willing to negotiate but after depositions and discovery,

We had a strong case and knew Heather and Ryan should get the policy limits.

Request a Free Consultation


“Gary and his team provided us with effective, efficient and highly professional service. Gary provides sound advice and is a trustworthy and ethical attorney. I highly recommend the team!”

David and Fran Schneider

Hurt? Hire Us Today or call (314) 648-8348

We Deliver Great Results

Over $170 Million won for our clients


$5,000,000 Settlement - Father Killed by Reckless Truck Driver

$5 Million


Personal Injury Lawyer, Gary Burger and Burger Law represented a family of a man killed ...

View Wrongful Death Result

$3 Million Judgment - Son Murdered by Pam Hupp

$3 Million


$3 Million Judgment. Gary Burger represented Margaret Burch, the mother of murder victim Louis Gumpenberger. ...

View Wrongful Death Result

$2.5 Million Settlement for Father's Fatal Car Accident

$2.5 Million


$2.5 Million Wrongful Death Settlement For Daughters of Fatal Car Accident Victim Gary Burger of ...

View Wrongful Death Result

Multi-Car Crash Caused by Debris from Commercial Truck - $2,000,000 Settlement

$2 Million


The St. Louis area personal injury attorneys at Burger Law represented a woman who swerved ...

View Truck Accident Result

Injured Woman Settles Highway Crash Lawsuit - $2,000,000 Settlement

$2 Million


In addition to the above case, you need to be creative in finding insurance in ...

View Truck Accident Result

$1.435 Million Settlement Against Three Defendants After Extensive Litigation

$1.4 Million


Gary represented the Macharias and settled the case for $1.435 million against three parties after ...

View Premise Liability Result

View More Results

Common Questions & Answers

Frequently Asked Questions

The success of your personal injury claim depends on many factors and a lot goes into determining the value of your case. Get a better understanding of what to expect and what you can do through our answers to some of the most common questions we hear from injury victims and their families.

View all FAQs

How To Choose The Right Personal Injury Lawyer For Me

How do you determine which personal injury lawyer is right for you? As you've undoubtedly heard the disclaimer at the end of TV and radio commercials for law firms: the choice of a lawyer is important and should not be based solely upon advertisements. The key is to speak with the lawyer and de …

View Full Answer

How Long Do I Have to File a Personal Injury Claim?

Do you know how long you have to file a personal injury claim? Or when the best time is to file one? Is it better to do it immediately after your accident or to wait until you know how significantly your injuries have affected your life? These are just the beginning of the string of questions t …

View Full Answer

Who Can I Sue When I've Been In A Truck Accident?

If you've been in an accident where you were hit by a truck, your head is probably spinning even after you've gotten to safety. The accident very likely caused you substantial damages, from medical bills, lost wages, and other damages like pain and suffering. But unlike a regular passenger vehcile …

View Full Answer

View all FAQs

Schema