When we are doing something which poses the prospect of foreseeable harm to another, our law requires that reasonable care be used to prevent that harm. It is a legal principle based on fundamental common sense which has made our world a safer and fairer place. This simple rule applies whether the actor is a lawyer or a carpenter, a tree surgeon or a brain surgeon, or whether the event is a wine-tasting or a county fair. When there is carelessness and it causes injury which could have been anticipated, the negligent party is legally obligated to “fully, fairly and adequately” compensate the injured party’s harms and losses.
Liability insurance is purchased to cover injuries caused by such negligent acts, but the insurance company will do what it can to minimize the cost of any claim. An injured party, therefore, needs to have someone on his or her side. Without a properly prepared claim which effectively establishes financial risk, there is simply no incentive for the insurance company to buy out of the claim. They are not going to pay simply because it’s the right thing to do. Ultimately, what an insurance company will pay on a claim depends on what they perceive to be their probable financial exposure. For that reason, a properly developed claim brought by a knowledgeable advocate has more value. Most personal injury cases settle without trial, but it is the threat of taking a hit in court that makes an insurance company eager to buy out of a claim.
For over sixty years, the Nashua personal injury lawyers at Winer and Bennett, LLP, have been successfully representing parties injured by the negligence of others. If you want skilled and determined legal representation, call (603) 882-5157 for a free initial consultation. Our lawyers usually offer their services in such cases without being paid until and unless there is a successful outcome.