Six weeks before the two-year statute of limitations expired, we were contacted by a man who was severely injured in a head on collision. This meant, in six weeks, the man would be barred from pursuing any compensation for his losses. For almost two years the man and his family were “negotiating” with the insurance company and lived with the false sense of security that the insurance company would fairly compensate him for his injuries he sustained in the car crash.
Unfortunately, after delaying their inevitable denial for close to twenty-three months, the insurance company told the man that the at-fault driver suffered a sudden medical emergency. As a result, the insurance company took the position that the at-fault driver was not legally responsible for any of the man’s injuries.
We rarely take cases this close to the statute of limitations because it may not leave us enough time to do our due diligence, name all necessary parties, and file a lawsuit with all the proper claims. We, however, agreed to represent the man because we felt bad about the position the insurance company put him in and believed we could help him.
Immediately after being retained, we investigated the crash and were able to show that the at-fault driver did not suffer a sudden medical emergency because he was actively engaging the brakes at the time of the crash. Before the statute expired and without needing to file a lawsuit, we were able to resolve our client’s claims for the policy limits of $1.25 million.
We are often contacted by injury victims after they attempted to negotiate without attorneys. Unfortunately, insurance companies do not always treat victims with respect they deserve, and lawyers are almost always needed, especially when serious injury or death occurs. Insurance carriers, like other companies, are often profit driven and their desire to save or make money for their company is in direct conflict with the injury victim’s need for fair compensation.