vt123 said:
I am just trying to be fair. My son seems totally recovered. That is why I was shocked when Allstate did not take the offer to settle at $50,000. Guess I will be looking for a lawyer. Does anyone know a good one in SE Virginia?
THanks for all the help, too.
My response:
I understand your human instinct to "want to be fair" but "being fair" has nothing to do with this matter. It has everything to do with what your son is "legally entitled" to receive for his severe injuries.
Let's take this one step further - - Allstate doesn't see it as "being fair". They see it strictly as a business transaction. If they dealt from a "human" aspect, they'd be throwing money around to everyone who makes a claim. But, as you know, they don't. They are looking at this from an economic standpoint - - their economics. They don't care what happens to your son yesterday, today or tomorrow. They're just looking at their "bottom line."
Also, don't be shocked about Allstate not accepting your underestimated offer to settle. You see, they know the value of your son's claim and have set aside a "reserve" amount in the actual value of his claim - - probably between $100 to $150K. However, at those numbers, and despite the value of your son's claim, it's worth it for them to litigate the case - - even if they eventually wind up paying in those, or some other, amounts.
The strategy is that somewhere in the litigation process they can "get rid" of the claim altogether, or cause some sort of "technicality" that would allow them to pay less on the claim. That's why they have "defense counsel" - - to look for those little "chinks" in your armor.
And, that's why you need your own attorney - - to level the playing field, and to get every penny your son is legally entitled to obtain. Yes, it may take longer to obtain, but when was the last time you made $100K in interest over 3 or 4 years (the amount of time for litigation), which is the difference between your $50K offer to settle and a potential judgment of $150K?
So, go to "the Big Spin" and try your fortune in the litigation arena, because your son's case is worth the effort.
Good luck to you.
IAAL