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Can I demand a better settlement amount by threatening to take my injury to the public as a safety issue?

Las Vegas, NV |

I was injured at a small amusement park due to negligence of the ride attendants. I retained a lawyer. We recently sent out a demand of 5 figures, their insurance basically denied that the accident even happened. Mind you there is an incident report and I have a copy of it. Secondly, if they don't feel guilty why are they offering to give me hush money to shut me up, which will only cover the medical bills incurred

Attorney Answers 6

Posted

Consult with your attorney before taking any steps that may help or hurt your claim.

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Asker

Posted

I have done this and my Lawyer says do not go thru arbitration, just accept the offer but he'll push for a little more. The place is denying anything happened yet I have the incident report right here

Posted

You hired an attorney, so presumably you have some confidence in his or her abilities. Speak with him or her about your question.

Attorney Inga Stevens is licensed in Maine. She provides general information on Avvo.com. No attorney-client relationship arises out of the information given here.

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No I do not have confidence is my attorney's decision. That is why I am asking if I could take things into my own hands

Posted

You should ask your attorney prior to doing anything!! Your attorney is the one most familiar with your case & knows if going public would help or damage your case. There are many reasons that insurance companies offer small settlements ask your attorney why he feels this happened in your case. Trust his judgement - that is why you hired him/her. Good luck.

This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.

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Posted

Getting a "lowball" first offer from an insurance company is common. Frustrating, yes. But common. Discuss details with your attorney, who is the only person who understands all of the facts and circumstances of your case. Here is more on "lowballs" under paragraph 5 of this link: [Click-Blue-Link-Below]

Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.

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Posted

Don't undermine your attorney. The largest settlement offer is closest to the time of trial typically, so sit tight.

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Posted

Getting such an incident the proper exposure that would make any kind of difference is easier said than done. That issue aside, I think you need to approach your case differently. The big companies and insurers who are usually paying settlements and driving litigation don't feel guilt and they don't pay hush money. They are in business to make money. You are a creditor, or an account payable. They want to take in as much money as possible, and pay as little out as possible to people like you (or anyone else for that matter). If your case has merit and your demand was within reason and that was their response, then you probably are going to have to file suit. Make sure your attorney is truly prepared to put in the time and effort to push the litigation along and get you a proper recovery, as changing lawyers late in a case is more difficult than at an earlier point. Good luck.

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