Can I Sue For More Compensation If I Don’t Get The Amount I Want?

Can I Sue For More Compensation If I Don’t Get The Amount I Want?

You can sue someone for more compensation if you disagree with the amount offered as a settlement.  However, if you have accepted a settlement the insurance company on the other side won’t agree to give you money AND allow you to sue the defendant for more money.  It is important to make sure you know what you are signing from an insurance company.  This personal injury blog post discusses settlements and defendants.

The Job Of Insurance

In a car crash or injury case the insurance company on the other side has an obligation to protect the personal assets of their insured.  My insurance company is MetLife.  They are obligated to act in my best interests if I hurt another person.  Part of this is getting a release IF they are going to pay out money.

Here is how it works: pretend I cause $50,000.00 worth of damage, but the injured party wants $100,000.00.  My insurance company is not going to pay the $50,000.00 without having the party getting paid agree not to sue me for more money.

Is There Sufficient Coverage?

This arises in situations where the at fault party does not have enough insurance.  Say for example the at fault person only has a minimum policy.  In Kentucky this would mean $25,000 of coverage per injured person maximum.  If the injured party has $50,000 in damages the insurance company is not going to pay out the $25,000.00 without an agreement that the defendant is released from any further payment.

Generally speaking, people without insurance coverage or with minimum policies are not worth suing.  You could get a million-dollar judgment but it will not be worth anything unless it is collectable.  And you cannot squeeze blood out of a rock.

There are plenty of lawyers boasting about seven figure settlements online where the money will never be recovered.  I think that is a waste of my client’s time and money so I sue people and entitles where money is actually recoverable.

Does My Lawyer File Lawsuits?

This situation also happens when the insurance company offers “crumb” or “low ball” settlements.  In those cases you need a lawyer that is willing to file a lawsuit to get the end resolution higher.  There are plenty of lawyers that do not file lawsuits.  This is not a good thing.  If your lawyer will not file suit the case will suffer.

This does not mean I litigate every case.  Every case is different.  It is not uncommon for me to get 4 to five times the pre-litigation offer through litigation, but it really depends on the case.  I don’t file suit to waste my clients money, but I do file suit when the offer is low or unrealistic and that can get the settlement amount up or get a bigger jury verdict.

The Job of  Client

A client is responsible for determining how to proceed.  The lawyer is there to give advice.  Would I like a million dollars on every case? Yes, but there needs to be a trifecta of liability, coverage, and damages in order to collect.  If one of the three is missing hard decisions need to be made.

I’m happy to answer any specific personal injury or car crash questions pertaining to this issue.   The job of a lawyer is to get the maximum amount of money in the client’s pocket.  We do that at Dettman Law.

Advertising material for Brian R. Dettman and Dettman Law.

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