Seabear70:
A client and his or her lawyer are well aware that they have a potential to pick up some fast money by pushing even a weak case because the insurance company will normally push for an out of court settlement rather that invest more money into even a winning case.
again, you mix in fact with propaganda. businesses, insurance
companies included, are in business to make money. they
do this by minimizing loss. one way to minimize loss is to
pay some money now rather than paying a lot lately.
you know little about insurance companies if you think they
are going to settle a case they know they are going to win,
unless it's a case they can get rid for peanus (nuisance
value).
likewise, they will not fight a case they know they are going to lose.
it's the middle ground (some chances of winning, some of losing)
where they will decide that if they can settle for less than it
will cost to go to trial, it's a good deal, factoring in the potential
veredict if they do lose.
it's a business decision. so now you're gonna tell them
how to run their business?
are you a communist or something? i'm getting the feeling
you want no free market at play at all. and there are no lawyers
or civil suits in a communist country, so... maybe that's the ideal you are shooting for.