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The Policy Limits ~ All or Nothing !
Negotiations with an insurance company work like a ratchet wrench ~ the wrench moves
in one direction only. If you start too low, you will find that you can only move
down. It is, therefore, imperative that your attorney starts high -- i.e, at the high end of a reasonable range. Certainly, not every case merits a
demand for policy limits, but at the Law Offices of Gary L. Wolfstone, we
look at each case with this provocative question in mind: ~ Why can't this case be settled for
policy limits?
Should You Retain an Attorney?
Yes. If your case is truly worth policy limits, the injuries are complex and the legal
issues are a trap for the unwary. An attorney will be knowledgeable about making a demand and
extinguishing subrogation or other medical liens. An attorney will be prepared to
give the proper notice to other representatives of other related coverages to
preserve your rights. A competent and experienced attorney can add value to the case.
A nonlawyer who represents himself (herself) can easily diminish the value of the case.
Common Mistakes People Make Without Legal Representatiion
- Demanding too little; moving too fast; concluding too soon;
- Ignoring subrogation liens; ignoring lien cap statutes; failing to give proper and timely notice;
- Disregarding the full panoply of services available for case resolution in your community ~
notably, ADR, arbitration with high/low, and/or mediation;
- Overlooking evidentiary problems ~ i.e., recognizing problems in presenting evidence
so that it is admissible or laying the foundation for sustainable objections to prejudicial evidence;
- Overlooking legal defenses and legal theories of liability;
- Overlooking procedural claim form requirements; filing deadlines; and statutes of limitations;
- Lacking the credibility to follow through when it appropriate to say, "We could
file a lawsuit," and lacking the wisdom to back down when it is appropriate to do so;
- Learning by trial and error; Experience is the best teacher and she exacts a dear price;
Thinking you can outsmart claims adjusters who have devoted their professional lives to
handling (or defeating) claims; ... in other words ... you're making a mess out of
your case and taking a trip down the longest river in Egypt ~ Denial, Denial, Denial;
- Overstating medical facts or opinions;
- Underutilizing professional witnesses or omitting to ask them for clarification; submitting to an IME
(so-called Independent Medical Exam) when the doctor is selected by the claims adjuster and reports to the
claims adjuster; submitting to an IME (so-called Independent Medical Exam) without investigating the
examining doctor's experience in conducting exams mainly for insurance companies and in testifying in court
mainly for insurance defense counsel;
- Signing a Medical Records Authorization & Release for a claims adjuster who may use it to request your
medical records from any health care provider and who may discuss your medical history, injury, diagnosis, and
prognosis ex parte without your presence, knowledge or participation;
- Yielding under pressure from claims professionals who understand and
who are willing to exploit your weaknesses.
Finally, you must believe that a passionate Trial Lawyer has enough faith in you and confidence
in himself (herself) to get the job done ... like the little goat of song fame. Woooops, there goes another Billion Kilowatt Dam!
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