The insurance company is giving me the run around and delaying settlement and not returning calls. That being said I'm ready to sue. What is the insurance company obligated to do once a lawsuit is filed? Luke are they obligated to respond to you or your attorney if you have one for example? Are they more likely to start negotiations?
You will taken seriously with an attorney but not without.
Advice given in this forum does not create an attorney - client relationship. No advice should be relied on without consulting with a local attorney.
It appears that you are attempting to deal with this matter on your own, without an attorney's assistance. When the insurance carriers know this, they deny, delay and defend, all while trying to get information from you that they will try to use against you. There are a number of different elements to a slip and fall case which you must prove in order to collect from the tortfeasor. This is not the type of situation that should be handled by a layperson. If they wanted to negotiate with you, they would do so without you having to file suit against their insured. Suit is not filed against an insurance carrier.
Here is what I suggest you do: You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statements to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. You can access my Legal Guides through my profile page on Avvo.
Legal Disclaimer: If this information has been helpful, please indicate below. Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
I hope that by now you have retained counsel and that lawyer is dealing with this.
Ok once the suit is filed the insurance Co will hire a lawyer for the property owner There will be discovery and eventually mediation These case seem simple but they are best handled by a lawyer. Call and most of us who do that work will give a read on the potential Values and liability involved at no cost ..
Responses to these questions do not constitute legal advice or establish an attorney-client relationship.The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable These responses are to assist you in deciding whether to contact a professional to examine the facts and discuss in depth your problem
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