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Due to the success of tort reform, the average settlement value of accident claims has
decreased steadily since 1990. The success of insurance company lobbies promoting claim restrictions and
repealing personal injury laws has frustrated most policyholders when attempting to collect benefits. The
standard used today by adjusters today seems to be "plausible deniability" when refusing or undervaluing
benefits promised, in writing, under the terms of the policy. This new standard resulted after the reduction
and/or elimination of penalty clauses provided by bad-faith insurance adjustment practices acts across the
country. Nevertheless, juries generally loath unfair value arguments at trial. The effect of jury discretion
forces both defense and plaintiff personal injury lawyers to limit trial arguments for damages to reasonable
amounts. For policy holders, jury verdicts frequently result in a substantial increase in damages recovered
compared to settlement offers.
Find a lawyer - ethics and the state bar:
All personal injury lawyers must be licensed by the state bar. As a condition of retaining a license to
practice, each must swear to abide by bar rules for professional conduct and professional responsibility.
The duties required by these rules include - foremost - the duty to zealously represent the best interest of
each client. Stated similarly, all attorneys should seek the most favorable result allowed by law for each
client. However, be aware that all attorneys are not created equally. Skill varies, as does the level of
effort spent, and these traits can be easily detected by asking a few well planned questions - by phone, in
an initial interview, and especially after legal work begins.
For more information see:
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