Finney Injury Law - January 2019

225 S. MERAMEC AVENUE, SUITE 821 T • CLAYTON, MO 63105 // FINNEYINJURYLAW.COM // 314-293-4222 // JANUARY 2019


A t this time of year, most of you are probably setting your New Year’s resolutions. But don’t worry; I’m not here to pretend I have some magical system for creating resolutions that stick, and I’m not about to bore you with a bulleted list of what I hope to achieve in 2019. Instead, I want to talk to you about a quality that will serve you well no matter what your resolutions are: perseverance. The ability to stick with it is what determines whether your goals will keep you motivated throughout the year or whether you’ll have forgotten about them by March. insurance companies use this to their advantage, often stalling and delaying the process for as long as they possibly can. When it comes down to it, insurance companies do everything they can to wear down your perseverance, hoping it will be enough to get you to accept less than what you deserve. I’ve seen it play out time and again, including a case we recently worked on. In this case, our client, a woman in older adulthood, was injured in an auto accident through no fault of her own. She experienced moderate injuries which affected her quality of life in a serious way. However, she did not incur huge medical bills or lose wages as a result of the injuries. In As an attorney, perseverance is an essential quality for success. The courts move slowly, and

cases like these, you can expect the insurance company to offer a tiny fraction of a claimant’s policy limit, and that’s exactly what happened. The initial settlement the insurance company proposed was $14,000. Our client was steadfast in her refusal of such an amount. She could no longer interact with her grandchildren the same way she did before the accident. On top of that, her favorite hobby, gardening, was no longer feasible. In short, her life was markedly worse after the accident than it was before. We knew the impact of the crash on her life was worth more than what had been proposed, so we decided to fight. This may sound blunt, but insurance companies don’t view you as a person with a life. Instead, they see you as numbers on a balance sheet, a means to an end of larger profits and happier shareholders. This case is the perfect example of that. Despite our efforts to demonstrate how severely our client’s quality of life had been hampered, the insurance company never offered more than $42,000, a number which we refused five times, including a week before trial. Our counter offer was that the policy limit, $300,000, would be enough for us to settle. Each of those five offers was an attempt to test our perseverance, but we passed each and every test.

A jury of 12 people, which reacts a lot differently to human emotion than an insurance company, rendered a judgment of $2.5 million dollars in our favor. Our client, who never hesitated in her resolve, got what she deserved because she had the strength and courage to see things through to the end. There were countless opportunities for her to throw her hands up and say, “You know what, I’m done fighting.” To her credit,

she never did that and received a much greater sum as a result. That’s the power of perseverance.

Made with FlippingBook HTML5