What Type of Car Accident Cases Are More Likely to End up in a Lawsuit?

By |2019-05-09T18:26:42-04:00May 9th, 2019|Categories: Video Series|Tags: , , |

The topic of this video is what type of car accident cases are more likely to end up in a lawsuit. So as the Saint Petersburg personal injury attorney, I come across all types of cases, um, but as far as auto accidents and more specifically car accident cases, I have come to see over the past many years that the higher dollar or higher value cases are almost always forced into litigation by the auto insurance companies. And you may ask, well, why is that? Uh, you know, it’s sort of counterintuitive because if you think to yourself, well, why wouldn’t the insurance company in a high dollar case or a more serious accident, why would they not be more willing to resolve that case at the front end rather than take the risk of it ending up in litigation? And so it’s really a simple answer. So what happens in a car accident case, you know, we send out the demand, the insurance company reviews it and then they’ll make you an offer will end up in a high dollar case or, you know, with a serious injury, serious accident.

And most of these are, um, with high insurance limits and maybe even surgery. So when they see these very valuable cases, they do not always have the complete picture of the, uh, of the plaintiff or the clients, um, past history. So they don’t have all the details about whether there’s a preexisting injury or anything like that. But sometimes they ask for it, especially when they see that there’s a surgery. They definitely ask for it. Hey, send us your past year, five years of medical records sends your past 10 years of medical records, whatever it is. Because if you’re an insurance company, think about it. If you don’t have a complete picture, what’s the harm in sit in, sitting back offering a lower value on a case to settle until you get the full picture, right? They know at the end of the day they’re going to have to write a big check.

So in their minds they sit back and say, okay, well maybe you’ll take the x amount, which is a load lower dollar, clearly less than what the case is worth, force you into litigation knowing that hey, a certain percentage of cases, there may be a skeleton in this person’s closet, for example. Maybe they’ve been to prison a couple of times, maybe they do have a prior accident with the same exact type of injury that they can then come back and say, oh look, this was a preexisting injury. This was not caused by this new accident. Therefore you got surgery unnecessarily, blah, blah, blah. They tried to pin it off on something else. So that’s the, that’s the insurance companies emo in car accident cases, they sit back, they let their lawyers then explore and probe any type of defenses. And then after wearing you down for two, three years, uh, making you spend a bunch of money on experts and costs and a lot of your time, then they come to the table and offer, uh, the real money.

So I have a definite answer for the question about what types of cases result in a lawsuit. And it’s almost always the high dollar cases with big insurance limits. Um, you can, you can just about guarantee that if you have a high dollar case, insurance company’s not going to run in and just write you a check after you send off a demand. They’re going to make you do the work. They’re going to explore any reasons to deny the case, the claim, or any reasons to sort of blame it on something else, to, to lessen the value. And then they, uh, they resolve the case short of the trial. So that’s the answer to the question. I hope it was helpful.

*The above has been transcribed by a third party service and has not been checked for accuracy

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