Are Insurance Carriers Becoming More Unreasonable?
In recent years, insurance carriers have become very conservative and, as a result, they are more likely to litigate a case rather than settle. This is why an Orange Park accidents lawyer is necessary if you have a personal injury claim.
Reasons that Insurance Carriers Litigate Rather than Settle Cases
Insurance carriers are forcing more and more cases, even small ones, into litigation for a multitude of reasons. For example, there is a strong public bias against lawyers. Generally speaking, members of the public (including juries) do not like lawyers – especially personal injury lawyers.
Moreover, reports of personal injury verdicts tend to be exaggerated and a jury may be inclined to award little to set an example. The news often gives inaccurate or embellished accounts of personal injury verdicts. For example, remember the McDonalds spilled-coffee case? Most people recall that an elderly person was burned by hot coffee, but the public was kept in the dark about many of the important details that led to the lawsuit and the verdict. Some of these factors were:
• McDonald’s refused to settle for a fraction of the final verdict.
• There were several hundred cases that had been filed against McDonald’s prior to this incident for injuries caused by hot coffee.
• The injuries were very serious in this case.
• The plaintiff was not driving while opening the coffee, as was common belief.
• The trial judge reduced the verdict significantly.
Unfortunately, many cases are lost because the jury wants to send a message. Recently, a case was lost federal court despite clear liability and documented damages because, as was stated by a jury member, the juror believed the jury had “a duty to do something about the insurance crisis in this country.” To top it off, a comment such as this is not grounds for appealing a verdict. An Orange Park accidents lawyer will develop a strategy to mitigate the effects of such a tendency among juries.
We Can Help
An Orange Park accidents lawyer knows how to negotiate with insurance carriers to avoid litigation, if at all possible. If you have further questions about dealing with an insurance company or have a personal injury claim you’d like to pursue, John Fagan can answer your questions. Call (904) 215-5555 for a free case review.
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