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Personal Injury

What Do You Do When Someone Else’s Insurance Refuses to Settle?

car accident attorney

Picture this: You’re seriously injured in a car wreck. You believe the other driver is at fault. Her liability insurer believes you are at fault. You sue the other driver, seeking damages that exceed her insurance policy limits, but offer to settle for an amount equal to those limits. The insurance company refuses, believing that it can avoid paying anything at all by winning at trial. And even if you win, it’s only obligated to pay up to policy limits, so what’s it got to lose, right? Wrong. To understand why, let’s step back and look at the big picture when...

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The Blame Game in Court

court room interior

In a personal injury lawsuit, a plaintiff claims that the defendant caused some bodily injury to the plaintiff. In turn, the defendant will often claim that the plaintiff is at fault for his own injury—or at least part of it. The parties play this blame game because it can mean a greater or lesser recovery for the plaintiff and a greater or lesser hit to the defendant’s pocketbook. The legal significance of the blame game in personal injury lawsuits has changed over time. This post summarizes how different states, including our own state of Illinois, deal with these contradictory claims...

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