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“The life of the law has not been logic; it has been experience.”

-Oliver Wendell Holmes, Jr.

When Insurance Defense Case Expedient Settlement is Best

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When Insurance Defense Case Expedient Settlement is Best

In just eight weeks, McKenna Storer attorney Alex Sweis delivers an expedient settlement with optimal results for his insurance client. An early settlement, with limited discovery, saves the carrier a tremendous amount of litigation expenses, and keeps premiums lower for the insureds. An early settlement is not just, we will pay, but we will pay a certain amount and not a penny more. If this certain amount is not accepted, it will not go up after years of litigation.

A Scenario for Early Settlement

Recently, Alex was assigned a new insurance defense case. The case was a “he said vs she said red light” accident. The plaintiff and Alex’s insured both told the reporting police officer that the other ran the red light. Both parties were cited by the investigating officer. The plaintiff’s motor vehicle was flipped over as a result of the impact. When the paramedics arrived on the scene and saw the plaintiff’s car flipped over, they initiated the trauma protocol. He was taken to a local hospital and admitted to the trauma level.

While in the hospital, the plaintiff complained of concussive symptoms and underwent numerous tests. After his discharge, the plaintiff followed up with his primary care doctor complaining of continued headaches and trouble concentrating. His primary care doctor diagnosed him with Post Concussive Syndrome and referred him to a psychologist. The psychologist diagnosed him with Post-Traumatic Stress Disorder(PSTD) and anxiety. The plaintiff was still in treatment when his attorney made a $125,000 settlement demand based on $25,000 in medical bills.

Negotiating an Effective and Expedient Settlement

Alex was able to settle the case for only $30,000 before written discovery or before any depositions took place. He closed the file in eight weeks. He did not give up on liability, nor the curious nature of plaintiff’s PTSD diagnosis, as plaintiff himself worked as a paramedic.

Alex’s intent with any new case assignment is to seek a quick, economical settlement if the opportunity presents itself. Two months after this assignment, this claim was closed.

Alex Sweis is a trial attorney at McKenna Storer and focuses his practice on Insurance Claims and Insurance Defense. Please contact him with questions about this article or similar matters.

Categories Insurance Litigation Defense



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