4 Things Jurors Never Hear
March 10, 2010
Folks on jury duty learn alot- trials take longer than the hour they do on TV, they are often slow and boring, and forensic science doesn’t give all the answers all of the time (Sorry CSI.) However, there are a lot of things the Jury in a civil case never hears. For example:
The Insurance Company controls the Case.
When you buy car insurance, mandatory here in Missouri, your insurer takes over once you have an accident. That is good for you, because you don’t want to be bothered. On the other hand, it also puts you at risk. If your insurance company refuses to settle with the person you hurt, YOU are the one who gets sued, even though the insurance company is paying your legal bills and the judgment- within limits. Let’s say you bought the minimum coverage, $25,000.00. If a jury renders a verdict against you for $30,000.00, you are on the hook for the difference over your coverage! If the insurance company had an opportunity to settle your claim for your policy limits or less and didn’t, they may owe you money for their bad faith refusal to settle, and they will have to pay the entire verdict amount, even if it exceeds your coverage.
Jurors are never told that the insurance company is in control of the case, and the insurer decide whether the case settles or not. They only hear that the defendant did wrong- and that the victim is somehow at fault for suing.
If the Defendant was on the job, the Company has to pay the verdict against him.
If the defendant in a civil case was at work when he got into a wreck or hurt someone, he may get sued- again, that depends on the insurance company. But it is rare for that individual defendant to have to pay damages from a lawsuit. Employers, even municipalities, have to indemnify (pay the bills) when their employees harm someone while working.
Verdicts get reduced by the judge if someone else paid for their share of the damages.
In a situation where two defendants combine to cause damage, one of them will often do the right thing and pay for their responsible share, leaving the other to go to court. Jurors are told that one of the wrongdoers paid for their fault, but are often left to guess whether the injury victim has been fully compensated or not. When one defendant settles, the amount of the settlement is subtracted from the jury verdict by the judge. This keeps the victim from getting a double recovery. Unfortunately, Jurors often try to subtract a settlement from a verdict as well, resulting in a double subtraction.
Some important evidence is never heard.
Lawyers and courts are governed by rules, and these rules sometimes hold important information out of the jurors’ consideration. Whether someone has insurance, payment of medical bills and even certain expert opinions never come out in court.
Our system is not a perfect one, but as the old saying goes, it is way better than the next best one.
Questions or Comments? Visit http://farrislaw.net, or call The S.E. Farris Law Firm, without cost or obligation at 314.A.LAWYER (314.252.9937) or toll free at 866.955.LAWS (5297)
You Aren’t in “Good Hands” or with “Good Neighbors” When you have an Injury Claim.
March 2, 2010
It is no secret that insurance companies are not interested in paying injury victims. When you get hurt, they begin to refer to you by a “claim number” or “file number” rather than your name. This is part of the strategy to dehumanize the victim, making it easier for claims adjusters to sleep at night when they deny a claim.
To be fair, not all insurance companies treat victims unfairly. Check out the Ten Worst Insurance Companies, as rated by The American Association for Justice (AAJ). The AAJ went through FBI, SEC and state insurance department records in compiling their list.
Insurance Companies
1. Allstate
2. Unum
3. AIG
4. State Farm
5. Conseco
6. WellPoint
7. Farmers
8. UnitedHealth
9. Torchmark
10. Liberty Mutual
My personal experience would add a couple of others to the list, mainly because Conseco, UNUM and Torchmark don’t write much insurance business in Missouri. If you get hurt in an accident and see these guys on the other side, Call a Lawyer! Other indications that you need an attorney can be found here.
Questions or Comments? Visit http://farrislaw.net, or call The S.E. Farris Law Firm, without cost or obligation at 314.A.LAWYER (314.252.9937) or toll free at 866.955.LAWS (5297)
Dangerous Roads require Smart Navigation!
February 4, 2010
Roadway accidents are often caused by inattentive drivers. But people can also be injured due to the condition of the roadway. We have represented individuals involved in accidents caused by insufficient guardrails, signage or road shoulder, as well as incorrect road striping, malfunctioning signal lights, downed signs, dangerous curves and other types of roadway dangers.
These cases are difficult, however, and an experienced lawyer is an absolute necessity. The roadways are controlled by state entities and those state entities have “sovereign immunity” for injuries occurring on their roadways. This immunity will limit the amount you can recover, or keep an injury victim from recovering at all.
The law in Missouri is complex. Even if a dangerous condition is established, the state may still have a defense. The key to these cases is to hire an attorney as early as possible so that evidence can be secured.
If you or a loved one was injured by a defective road condition, or if you just have questions about this blog, contact Spencer E. Farris and The S.E. Farris Law Firm for a Free consultation. You may reach us at 314-A-LAWYER (314.252.9937) or by clicking here. We are Missouri injury lawyers and we fight for our clients!