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What’s the policy limit?
Easy policy limits
It’s probably worth the policy limit (at least), but would depend on other details not posted. There’s a fracture and torn MCL. That’s painful, and I don’t think you can rule out the necessity of future treatment, including the recommended surgical procedure. This injury may be an issue down the road for your client. But it depends on clients age and condition. Is the knee back to 100% of PLOF? any residual pain or limitations? I can just picture the client complaining about his “bad knee” a year or two down the road….
Discuss it with your client. Did she really say that and is that really what she meant? Was she just having a good day or on any pain medications at the time she said that? Has she had any issues with the knee since then? Any limitations or aggravation with certain activities? If she’s still having issues, she may need to go back for another exam. But if she’s completely healed, back to 100% of her prior functional level, then focus on what she was unable to do from the time of the accident to the time she made that statement to the doctor.
What are the medical specials, and how much is the surgical recommendation? I would say this is worth the policy limit tender. I would pay for the surgical cost letter putting the cost of the surgery in writing from the provider, send a demand with the cost letter asking to tender limits immediately. If you’re in litigation, depending on the stage of discovery you’re in, serve offer of judgment for policy limits to set up a bad faith claim against the insurer if not accepted. If pre-litigation, send demand with cost letter saying if they don’t tender within two weeks, you will file suit.
Rising Star
$50k
Add the cost of the surgery to your demand and request the policy limits.