Bad Faith in Injury Claims
Bad Faith in Injury Claims
In a civil litigation process, there are predicaments that both sides do encounter whether it is on clients' or hired lawyers' ends. Some problems, which ranges from tactical to technical, which includes motion to dismiss (insurer's tactics to delay the negotiation or court hearing), request for additional case information (another insurer's tactics to delay the settlement pay and pay at lowest value they've established), and the dilemma of settling over going it on trial, these are generally called bad faith in extreme scenarios when they are used to escape from their liability being processed.
Bad faith, in specific words, refers to an insurer who intentionally go back on their responsibilities for being held liable for the damages being done to the at-fault side. Bad faith manifests in multiple notions as mentioned above but the most common notions are either they refuse to pay policy holder's proven and legally cleared claim with due settlement value or delaying the payment through "reasonable" investigation and demanding of required paperworks as basis of something within lengthy periods.
How does this Insurers' bad faith negotiation works?
Essentially, insurance companies doesn't want to pay the settlement claim because if they do, they lose the whole amount in their account equivalent to the value of the settlement pay. Hence, they use some undetectable underhand strategies to avoid paying the whole sum such as:
How can it affect an insurance company?
- When the victim's party has a small lacking on their paper works, they deny it immediately even if it is trivial
- They tend to delay the approval of settlement pay or the claim itself and ask for multiple uneeded paper works
- Directly refusing to hand over the payment even though the required papers are submitted and even when the driver's car is covered by a policy
So basically, when insurance companies lose in bad faith cases, they are punished by paying more in damages than the actual settlement value. Aside from paying the common elements in an injury claim such as compensatory damages such as coverage for medical bills and lost income due to recuperation and etc., they are susceptible for the judge to consider them to have a punitive damages case for having misconduct as they are practicing deceit and fraud in the process.
Call our Injury Attorney Group
If ever one of your family members or closests friend has been involved in an accident who have sustained either minor or significant injuries
due to burns and even a possible disability because of the driver has shown apparent negligence and recklessness and caused an accident and render the victim to have life-threatening injuries and condition
, you can always refer help from a professional experienced injury lawyer to smoothen things out as your hired lawyers can help you decide from their factual and legal advices.
is an Ohio based injury lawyer that represents victims of personal injury caused by car accidents, medical malpractice due to medical professional's negligence, and even wrongful death against large companies, agencies and even individuals. We have 40 years of experience doing our service in this field and evidently successful with our civil litigations. Call our office now for free legal consultation.