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Tina, Attorney
Category: Personal Injury Law
Satisfied Customers: 33167
Experience:  Personal Injury & Wrongful Death experience includes judgment for $10M & $3M settlement
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Was in a car cident about a year ago....plaintiff requested

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Was in a car cident about a year ago....plaintiff requested a settlement at my $100k compny countered back at $45 I ave been served with law suit for $40k....claiming traumatic brain injury. Plaintiff was released from ER with a sore foot, no broken bones, and a bruised chest from the air bag.
I fel like my insurance company has put me a great risk not accepting the originl settlement request

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

Your insurer offered $45k to the plaintiff who is now suing for $40k? Please clarify the numbers for me.

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 3 years ago.
I am sorry....the plaintiff is now suing for $450k

I see. Thank you so much for clarifying that for me, John.

It is not unusual for plaintiffs to file suit for much more than they expect to recover. The truth is though, they often settle for some near or less than the policy limits except in the most extraordinary cases.

From the facts you have provided, it does not appear your insurer was negligent in any way and if you inform them of the suit, they typically have an obligation to defend you in the lawsuit so you should not need to retain an attorney to represent you.

Even if the plaintiff pushes this to trial, this does not appear to be a six-figure case based on the facts you have provided, but they are likely seeking something more than the $40k figure and closer to your policy limits.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!


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