I was talking with one of my friends, and he wanted me to explain to him what happens in a typical personal injury lawsuit, and why insurance companies don’t make fair settlement offers. And I explained to him that, because insurance companies consistently make lowball settlement offers, they force lawyers to file lawsuits so that their clients can receive fair compensation for their injuries.
I explained to him that even when liability is crystal clear and the injury is catastrophic, or even when wrongful death is involved, insurance companies are “for profit” companies and their only concern is “the bottom line.” Their only duty is to make as much money as they can for their shareholders. This means that, even in the most serious cases, one can expect an insurance company to throw peanuts at the victim. If the victim refuses to take the insultingly low offer and decides to file a lawsuit, then the insurance company will hire its army of insurance defense lawyers, and then hire its hired-gun, so-called “expert” witnesses, to do their best to make certain that the victim gets as little as possible, if not nothing at all.
This invisible war is waged tens of thousands of times every day in courtrooms across the country. I explained to my friend that it was up to lawyers like me – lawyers for the victims – to fight the insurance beast and make sure justice prevails. After taking a moment to reflect on what I said, he said something that struck me like a bolt of lightning. “It’s like angels and demons,” he said. I thought about it and nodded.
Though there are times when meritless lawsuits are filed – and these lawsuits should absolutely be defended and shut down – I see, time and time again, insurance defense lawyers salivating at the chance to inflict damage on meritorious cases. Cases where the injuries are legitimate, severe, and where the defendant was clearly at fault. I never understood how a person, a human being who happens to be a lawyer, could fight so viciously to prevent an injured person from receiving compensation for their injuries. I could never do that for a living. I could never sell my soul to protect the demon.
