How do you get the money you deserve from an insurance company?
Insurance companies want to make and keep as much money as they possibly can. That means they are happy to take your monthly premiums but are loath to part with any of that money to pay Plaintiffs on insurance claims. They will do everything they can to avoid paying all of what they owe.
Insurance companies pay a fraction of what they owe by betting against the Plaintiff’s lawyer. They bet that the Plaintiff’s lawyer would rather settle the case for a quick buck than fight for the amount that the Plaintiff deserves. So, they offer a fraction of what the case is worth and bet that the lawyer settles it. The insurance company dares the lawyers, “We dare you to walk away from this small settlement off and fight for you client.”
The sad part is, most lawyers nowadays back down from that dare. They accept easy money and leave their clients out in the cold. What’s worse is that the more often lawyers back down, the less the insurance companies are willing to pay. The insurance companies thinks: if I can get $30,000 lawsuits to go away for $2,000, why not make them go away for $1,000.
A few reasons why some lawyers don’t fight for their clients:
- Many law firms are “mills,” high volume practices that make little bits of money from lots of cases. They don’t practice law, they practice advertise and settle. These law firms sign up clients, beg the insurance company for money, and accept whatever they get. Working up cases goes against their business model. So when they have a client that won’t settle for the crumbs an insurance company offers, the “mill” will usually fire their own client!
- Filing a lawsuit and litigating a case is difficult and can take up a lot of time. If you file a lawsuit, you have to pay $400 just to file it, you’ll have to write motions, find and speak to witnesses, go to court, and deal with unpleasant people on the other side. Most lawyers would prefer not to go through that headache (forgetting that all of the above is their job description). So they take a discount on justice, their clients suffer, and they call it the price of not having to work.
- Most lawyers are afraid to go to trial. Once you file a lawsuit, the natural endpoint of that lawsuit is a trial. Trials have high-stakes and require tons of preparation and time without any guarantee that you will win. Plus, to be any good at trial, you have to have a healthy amount of trial experience. The sad truth is that trials are so rare nowadays, that most people who call themselves “trial lawyers” haven’t even tried 10 jury trials. So, when the case starts getting close to trial, most lawyers will try every way they can to get out of trial; typically that means settling for less than the client deserves.
At CHG, we believe it’s time to change the paradigm. A lawyer’s default position shouldn’t be to settle a case, it should be to go to trial. The best way to deal with insurance companies is the same way you deal will bullies: fight them. Dare us to walk away from a crumby settlement offer and fight? Gladly. That’s the only way to ensure that our clients get their full measure of justice.
Put six in the box.