I sometimes feel guilty when we negotiate a big settlement for a client with relatively minor injuries. Like, yes they deserve compensation, but does it ever feel a bit excessive to anyone else?

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Yeah…. Sometimes it really breaks my heart when the insurance company makes less of a profit than it could have done…. Especially considering they don’t pick their customers. 🤣

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No. Insurance companies make billions of dollars every year screwing over people on a daily basis. Also, please remember that some people die in car wrecks and only end up getting minimum limits. I’ve never seen leadership at an insurance company feel bad enough to offer the grieving family more money than they are required to pay under a policy.

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It balances out cases where horribly injured people settled for much less because they had incompetent counsel.

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How about when defense counsel and/or adjusters are unnecessarily difficult and lie about what their authority/settlement ranges are? If you feel “guilty” about this as a plaintiff attorney you won’t last long. Your job is to maximize value and get the highest compensation possible. I don’t feel guilty about doing my job well.

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No
I feel bad when an adjuster is being a raging lunatic about a person who was minding their own business and their insured drive negligently and injured my client. I especially get mad when adjusters think they are drs and tell me my client doesn’t deserve specials because they weren’t in “that” much pain with building discs and herniations. I don’t care about insurance companies. They trade with that money and profit so much off the premiums. It’s a drop in the bucket for them.

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Well that’s more of a testament as to how incompetent insurance defense can be

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Clearly, there are bad actors in every seat: plaintiffs lie about and exaggerate injuries, PIs pound the table for policy limits when specials barely get into 5 figures, defendants make dangerous and dumb decisions, IDs completely discount pain and suffering, adjusters scrimp to settle below authority to help their own performance reviews, etc. The good and right outcomes are encouraging, but the bad ones call the whole system into question.

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Yes and it impacts cost of living! I switched to defendant work because of this. They get their settlement then suddenly they are better and working full time.

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It does, and it contributes to other cases being questioned and defended more vigorously. Seems rare to have injuries (or any personal accountability) portrayed in a realistic way.

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In all seriousness, if you think the insurance company paid more than they should have, more likely than not you missed something.

Usually I feel I run into the opposite problem.

In this vein, however, I do have a low damages med mal case where liability is clear but causation is nonexistent (failure to diagnose an ankle fracture but no resulting complications or permanent damage - delay in diagnosing was about 36 hours). Any advice for presenting this reasonably in a demand and maintaining my credibility?

It is a terrible case - was “a gift” from my bosses

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