Advise The Adjuster Of Any Serious Injuries
If you are injured in an accident, keeping insurance adjusters apprised of your serious injuries can be helpful at expediting the claims process. If an insurance adjuster is made aware of serious injuries on an ongoing basis, the adjuster may tender their insured’s policy limits without sending a demand. The adjuster also might be keener to disclose what the policy limits are.
What counts as a serious injury?
A serious injury takes many different forms. A serious injury could be a broken bone, an annular disc tear in your spine, a disc protrusion, a traumatic brain injury, or a torn ligament. When injuries get really serious, they will typically require surgical intervention. It is a good idea to let the adjuster know that your client is going in for surgery. That way they know that the case is serious and also will avoid any arguments that you spoiled evidence, such as the litigation right to an independent medical examination.
How should the adjuster be made aware of the serious injury?
If you want to keep the adjuster apprised of serious injuries, you can keep up-to-date medical records and send them to the adjuster as the treatment progresses. Sending cost estimates for surgeries can be very helpful in these types of cases. That way, your client can potentially recover damages for procedures before they even occur. This is especially helpful in cases where policy limits are an issue. If there are insufficient policy limits to cover a procedure, there is a good chance that the adjuster will simply offer their insured’s policy limits. If they don’t you may have the opportunity to open the policy up, seeking more than the policy limits in a bad faith action against the insurance carrier. Bad faith actions against the insurance carriers for third-party claims are difficult and are reserved for only the most cunning trial lawyers. Obtaining a judgment higher than the insurance policy limits and then going after the insurance company for failing to protect their insured is a rare but very possible endeavor. It typically requires a judgment against a defendant for more than the policy limits but also requires that the defendant assign his right to a bad faith claim against his own insurance carrier through a judgment debtors examination. They will typically do this in exchange for a covenant not to execute.
If you have been seriously injured as a result of another’s negligence, then you should immediately seek representation by the best possible attorney. The attorneys at The Injury Firm, Las Vegas, such as Brian M. Boyer, know what it takes to achieve the highest possible settlement for your case. Don’t hesitate, call now, experienced lawyers are standing by.