In most situations, an insurance adjuster will make an offer to settle a case. However, most of the time, unless the injury is catastrophic and the policy limits are relatively low, the adjuster makes an offer far below the policy limits. In most cases, the insurance adjuster makes an offer less than the value of the case. He or she will make up some story as to the reasons why. Such reasons include that the other party (their insured) does not take full responsibility for the accident; the medical bills submitted by my client are too high or treated too much; or the injury alleged by my client was pre-existing. Therefore, I have no choice but to file a law suit. Clients therefore believe that by filing suit, the chance of my client recovering any money within the near future is virtually slim and none. Such belief is not necessarily true. For example, if we assume the adjuster takes the position that their insured is not at fault, I immediately set up the deposition of the opposing driver. With proper preparation, many times I will get a story from the opposing driver that simply does not make sense since their version is not consistent with the property damage sustained in the accident. When this occurs the attorney representing the opposing driver will also see the deficiencies in their case and we promptly discuss settlement value. If I am fortunate to get a senior partner as my opposition, he or she has clout or “pull” with the insurance adjuster and will make a recommendation for a settlement value. This value is much closer to my original demands and the case could settle rather quickly after the filing of the action.
If you, friend, or family member has been seriously injured in an accident or fall, feel free to contact me by clicking here. You will be directed to my website and my contact information.
