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TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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Can you sue a facility for more than they have insurance My

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Can you sue a facility for more than they have insurance? My daughter was the victim of malpractice and is in a vegetative state for life as a result. Her case is worth millions of dollars, and the medical bills over her lifetime will be astronomical. However, we were just informed that the facility is only covered for $1,000,000. Can we sue for more anyway? What would happen?

Thank you for submitting your important legal issue to Just Answer. I am pleased to have the opportunity to provide you with an honest and easy to understand answer to your question.

I am an attorney licensed in the State of Texas. The following information is a brief answer to your question. However, if you feel that you need further information or that you have other insights which might help me in providing a better answer, please feel free to write back.

You can definitely sue a facility for more than they have in insurance. If you obtain a verdict for higher than the policy limits, then the facility is directly responsible to pay the remainder. In many states, there is a doctrine that holds that if the insurance company does not offer a settlement for their policy limits within a limited time frame, the insurance company will have to pay the full value of the verdict at trial if it exceeds the policy limits.

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The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Zachary D. Norris or The Norris Law Firm. For complete legal advice and representation, you should consult with an attorney licensed to practice in your state.

Customer: replied 8 years ago.

thank you for answering so promptly
just one quick question to clarify what you were saying - when you say 'obtain a verdict for more higher than the policy limits' does that mean only by trial? IN other words, if we wanted a settlement, it'd have to be for only $1,000,000 tops? but if we went to trial and won more, only then would the facility be responsible?
Can we get a verdict in a setlement for more and have them be responsible?
It is my pleasure to serve you.

The facility can choose to settle the case for more than the policy limits, and pay the remainder of the settlement in excess of the policy limits out of pocket. You may also find that the facility has "excess insurance", meaning another level of insurance which is written by a different insurance company. Tell your attorney to conduct discovery on whether there is an excess insurance policy that is applicable to your case.
Customer: replied 8 years ago.
just one more question and then I"m ready to accept - I really appreciate your help
do all these laws apply to the state of New Jersey?
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