The Lawyers.com Law Forums will be shutting down on June 30, 2017. We encourage you to resolve any outstanding discussions prior to that time. If you have any questions about this change, please email info@martindale.com.

General questions about claim process & expenses of suit

Previous | Next
 rated by 0 users
Latest post Thu, Jun 15 2017 4:23 PM by Taxagent. 47 replies.
  • Fri, Jun 9 2017 11:45 AM In reply to

    Re: General questions about claim process & expenses of suit

    DanWard:
    The estimated medical and actual medical was on a cost list given to the insurance company. Can the jury be given these numbers?

    Are you asking if the particular list can be admitted into evidence?  If so, the answer is maybe.  Depends on a lot of facts we don't know.

     

    DanWard:
    I'd assume so or they could not consider to double the estimae of future medical cost.

    A jury cannot properly just decide to double a particular item of damages.  If the plaintiff presents evidence that actual medical costs were $X and the jury awarded $2X, that award would be subject to reduction by a post-trial motion.  Similarly, if the plaintiff offers evidence that the future meds are likely to be $Y and the jury awards $2Y or $3Y -- without any basis in evidence -- then that award would be subject to reduction.  The only areas where a jury has any real discretion is when the evidence regarding the amount of damages is in conflict and when it comes to "pain and suffering" damages.

     

    DanWard:
    How does the plaintiff know when an insurance company has made the final offer. What words or phrases can adjustors use to give clues?

    That's a highly fact-specific inquiry and is something to discuss with your attorney.

  • Thu, Jun 15 2017 10:48 AM In reply to

    • DanWard
      Consumer
    • Top 500 Contributor
    • Joined on Mon, Apr 13 2015
    • SC
    • Posts 115

    Re: General questions about claim process & expenses of suit

    As the forum is closing down end of the month we have a few questions.

    This from actual setlements in another state on an attorney's website. Just examples and they may never happen again of course. Two settlements. 

    $58,000.00 settlement and offer represented a $30,000.00 tender of limits of one insurance policy and $28,000 out of a possible $30,000 in the second policy (offer from second policy was only $22,500 before threat of lawsuit).

    $58,000.00 settlement and offer represented a $30,000.00 tender of limits of one insurance policy and $28,000.00 of another policy that was paid shortly after litigation was initiated.

     

    So offers from the 2nd policies were raised after litigation was initiated or the threat of litigation. 

    Q: Can't plaintiff attorney file suit with no intention of going to trial due to the cost of depositions, etc? Take the one where the offer for the 2nd policy was raised after litigation was initiated. How did the insurance company know that the plaintiff would follow through with their filing, it may have been a bluff. They could have just sat there for weeks-months and when the plaintiff never held dispositions or taken other actions that clearly showed that they were going to trial, then they may have considered raising their offer.

    -------------------------------

    MMI: We were often asked by our case manager to tell them when we had reached MMI according to the doctor. Why does it matter. If we had reached MMI then it does not mean we are healed or that we are cured. It does not mean we won't have future medical expenses for the rest of our life. If we had not reached MMI before the case was settled then we may have reached MMI 2 years after the case was settled or reach MMI just before a trial or a year after a trial or 5 years after a trial.

     

    So explain in details why MMI matters as far as "when" a person reaches it as it pertains to a settlement and a trial. 

    Thanks.

  • Thu, Jun 15 2017 4:23 PM In reply to

    Re: General questions about claim process & expenses of suit

    DanWard:
    Q: Can't plaintiff attorney file suit with no intention of going to trial due to the cost of depositions, etc?

    Not ethically, no.

    DanWard:
    How did the insurance company know that the plaintiff would follow through with their filing, it may have been a bluff. They could have just sat there for weeks-months and when the plaintiff never held dispositions or taken other actions that clearly showed that they were going to trial, then they may have considered raising their offer.

    If the picture you have is that the insurance company promptly offers a lot more just because the complaint is filed then you have a wrong impression of how things usually go. The offer starts going up once the discovery, etc., starts and it becomes more clear to the insurer that it risks losing significantly more than the last offer if the case goes to trial.

    Note that insurance defense law firms learn pretty quickly which lawyers are good and are willing to take cases to trial that have merit and which lawyers are just in it for the fast settlement and rarely, if ever, take cases to trial. They tend to offer a lot less to the latter, for obvious reasons.

    DanWard:
    So explain in details why MMI matters as far as "when" a person reaches it as it pertains to a settlement and a trial. 

    In short, it’s because that gives the clearest picture of what the damages are and is the stage at which the most intensive and expensive part of treatment is likely over. Basically, from the plaintiff’s point of view, it represents the earliest point at which the plaintiff has best shot at proving the most sum of damages with reasonable certainty.

Page 4 of 4 (48 items) < Previous 1 2 3 4 | RSS

My Community

Community Membership Search Community