You Can’t Handle the Truth!!!
Did you know that when I present a car-crash case to a JURY, I CAN’T tell them that:
The INSURANCE COMPANY pays the verdict, NOT the DRIVER that caused the collision. The at-fault driver’s insurance company pays the verdict, their lawyer and ALL the fancy experts and trial exhibits. The at-fault driver, the person who actually caused the collision won’t pay one single penny. Why, because they had insurance. And that is a good thing. We want drivers to have insurance, and in fact THE LAW requires ALL drivers to have insurance. The average person couldn’t afford to pay a verdict, it’s why the law requires all of us to have insurance.
The injured person pays a percentage of the verdict to their attorney. Attorney fees are not a cost that the jury can award to an injured party. Presenting a case to a jury can take hundreds of hours. Most people can’t afford to pay an attorney $250 an hour to make an insurance company pay what is fair. The law allows attorneys to charge a contingent fee so everyone has access to the court system.
Unfortunately, jurors are NOT told who will pay for the verdict. The last trial I had, several jurors wanted to know whether or not the Defendant had insurance. The Judge will NOT allow attorneys to tell jurors whether or not the at-fault person had insurance. Many jurors assume, if a lawsuit has been filed, it’s because the Defendant DIDN’T have insurance. It couldn’t be further from the truth. The reality is, it’s the complete OPPOSITE. You CAN’T get blood out of a turnip!!!! 100% of the time I file a lawsuit on behalf of my client injured in a car accident case, there is an insurance company on the other side who won’t pay my client enough money to pay their medical bills and compensate him/her for her injuries. Often times an insurance company will agree my client was injured, but won’t believe the pain still exists after 6 -12 weeks. Often times an insurance company will claim NO ONE can be injured in a collision when there isn’t A LOT of damage to a vehicle. Sometimes an insurance company will refuse to pay for my client’s lost wages from work, even when a doctor said they shouldn’t work. Unfortunately, the only way I can FORCE an insurance company to pay my injured client fair compensation is to file a lawsuit against their insured.
If an insurance company believes that an attorney is inexperienced or is afraid to go to trial, they will never be fair. It’s why many cases settle after a law suit is filed, or just before trial. After filing a lawsuit, the insurance believes the attorney and client are willing to go to trial. After all, insurance is a business. It’s NOT an insurance company’s job to be fair, UNLESS it’s YOUR own insurance company. Often prospective client’s ask me, “DON’T they HAVE to pay? . NOPE, not unless you are willing to MAKE them pay. Third PARTY claims are NOT a regulated process like L&I (Labor and Industries). This is why so many people NEED an attorney to force insurance companies to be FAIR.
WHY aren’t jurors told there is insurance?
Essentially, the value of a person’s injuries should NOT be based on the other person’s ability to pay. Clearly if the other person doesn’t have money and didn’t have insurance, the verdict is a hollow victory. It’s why the law requires ALL drivers to have insurance. Most attorneys will NOT pursue a case if there is no insurance or the at-fault entity has no ability to pay. Our jurors are smart, they only award money if they truly believe the other driver was at-fault for the collision and was injured,
NOTE: This post is not a substitute for legal advice. Please consult an attorney for a more in-depth consultation if you or a family member has been injured.