Clear Liability
In my last blog I wrote about settling cases before an actual law suit takes place. Now I would like to take the opportunity to write about cases with clear liability and low damages.
When an insurance adjuster is faced with a situation where the cost of litigating a matter is higher than the anticipated settlement, it makes sense to settle early. Typically, these are in cases where the plaintiff was injured as a direct result of the insured's actions but has not suffered "significant" "permanent" or "substantial" damages. In these cases, the insurance company makes a "business decision" to settle a case. This usually happens in premises liability cases where the insured is clearly negligent. This does not happen in cases with questionable negligence. This is because the insurance adjuster believes that a reputable lawyer would not take such a case and any lawyer who takes such a case needs to be taught a lesson.
Sometimes, however, there are cases when the defendant is clearly liable and the plaintiff suffered severe damages, but the insurance policy has low limits. This typically occurs in automobile cases or in professional malpractice cases when the insured does something uninsurable, such as sleeping with a patient. In those cases, the insured puts pressure on the insurance company to settle within policy limits so they are not exposed to personal liability. In those situations, savvy insureds threaten to bring bad faith actions against the insurance company and generally harass the company to settle. In most scenarios the insurance company would rather settle a case then face the prospect of an angry client or bad faith litigation.
There are still other situations when the insured deliberately (or niavely) sabotages the insurance company's case. For instance, a negligent doctor who destroys his treatment records. In those cases, the insurance company is worried about impending discovery and about the insured having to explain destroying evidence to a jury. These type of scenarios keep insurance adjusters up at nights and usually force quick settlements. This situation is not common, but if you are involved in an accident and bring a claim and the insurance adjuster immediately calls, BE SKEPTICAL. There is something that the insurance adjuster does not want you to see and would pay anything for you not to find out.
Regardless of what kind of claim you have, you need a good lawyer to guide you through the maze of pre-litigation. The Law Offices of Jason B. Kessler specializes in accident cases. As a former defense counsel to a high-profile insurance company, I can tell you that the most important question a claims adjuster asks is "Who is the plaintiff's attorney?" Having an experienced attorney such as myself handling your claim can make all the difference in the world. So, if you are the victim of negligence, call The Law Offices of Jason B. Kessler at 914-220-1088. Experience matters. Give me a call today!