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 cases where the plaintiff was injured as a direct result of the insured person’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 perosn was clearly negligent. This does not happen in cases with questionable negligence.
Sometimes, however, there are cases when the defendant is clearly liable and the plaintiff suffered severe damages, but the insurance policy has low monetary 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 person puts pressure on the insurance company to settle within policy limits so they are not exposed to personal liability. In those situations, savvy people 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 perosn 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 person 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 a legal claim. The Law Offices of Jason B. Kessler specializes in accident cases. Our lead attorney, Jason Kessler was a former defense counsel to a high-profile insurance company. He has first-hand knowledge of the strategies and tactics used by insurance companies to avoid paying your claim. Having an experienced attorney on your side can make all the difference in whether or not you obtain high monetary compensation for your physical injuries and emotional suffering.