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Winburn Law

  • Home
  • Our Services
  • Practice Areas
    • Automobile Accidents
    • Trucking Accidents
    • Falls
    • Traumatic Brain Injury
    • Chairlift Accidents
    • Animal Bites
    • Medical Malpractice
    • Birth Injuries
    • Defective Products
    • Snowmobile Accidents
    • Fires
    • Wrongful Death
    • Aviation Accidents
    • General Negligence
  • In The News
  • Blog
  • Contact Us

Winburn Law

  • Home
  • Our Services
  • Practice Areas
    • Automobile Accidents
    • Trucking Accidents
    • Falls
    • Traumatic Brain Injury
    • Chairlift Accidents
    • Animal Bites
    • Medical Malpractice
    • Birth Injuries
    • Defective Products
    • Snowmobile Accidents
    • Fires
    • Wrongful Death
    • Aviation Accidents
    • General Negligence
  • In The News
  • Blog
  • Contact Us
  • Home
  • Our Services
  • Practice Areas
    • Automobile Accidents
    • Trucking Accidents
    • Falls
    • Traumatic Brain Injury
    • Chairlift Accidents
    • Animal Bites
    • Medical Malpractice
    • Birth Injuries
    • Defective Products
    • Snowmobile Accidents
    • Fires
    • Wrongful Death
    • Aviation Accidents
    • General Negligence
  • In The News
  • Blog
  • Contact Us
by winburnlaw
Winburn Personal Injury LawFebruary 16, 20210 comments

What If I Don’t Want To Make A Claim Because I Don’t Want To Financially Hurt The Other Person Who Caused It?

Every insurance policy has an insurance limit that states a maximum amount of money the insurance company will pay on a claim.  The lawyers and their clients will know what it is although it is rarely something that can be explained to a jury if a trial is required.  Juries are usually not allowed to be told whether insurance even exists.

Since most cases settle without a trial, it is extremely uncommon for a person’s personal assets to be at risk if a trial takes place.  The wrongdoer’s insurance premiums could go up, depending on the insurance company – but they have insurance for a reason.  It is not a favor or gift by their insurance company – they paid for it!

Very few people have the resources to pay verdicts and besides, that is why they have insurance.  If a jury award exceeds the limits of an insurance policy our office can sometimes make a bad faith claim against the insurance company since they would have had an opportunity to settle within the policy limits.  Instead, the insurance company gambled with their insured’s money with the hope that a jury would allow them to pay less so that they would save money.  If that happens then the insurance company may have to pay for their negligence in failing to settle a claim within the limits of their policy.  When they have an opportunity to settle and protect their insured’s assets, but end up with a verdict that exceeds the policy limits, the argument can be made that they have been negligent in their handling of the matter to the detriment of their insured – called a “bad faith” case. 

However, it is uncommon for a verdict to exceed an insurance company’s policy limits anyway if the insurance company is looking out for their insured instead of themselves.  Generally, the plaintiff’s lawyers do not ask the jury for more than they know they are going to be able to collect because it won’t matter.

We handle cases all over the State of Vermont – in Bennington, Burlington, Brattleboro, Rutland, Woodstock, St. Albans, Montpelier, Manchester, Springfield, the Northeast Kingdom and anywhere else where there is jurisdiction in the State of Vermont.  If you have a personal injury problem feel free to contact us.

©Winburn Law Offices

Who Is The Top Judge?Prev

Latest Posts

by winburnlaw

What If I Don’t Want To Make A Claim Because I Don’t Want To Financially Hurt The Other Person Who Caused It?

Every insurance policy has an insurance limit that states a maximum amount of money the insurance company will pay on a claim.  The lawyers and their...

What If I Don’t Want To Make A Claim Because I Don’t Want To Financially Hurt The Other Person Who Caused It?

Winburn Personal Injury LawFebruary 16, 2021
by winburnlaw

Who Is The Top Judge?

The highest State court in Vermont is the Vermont Supreme Court and the Chief Justice is Rutland attorney Paul Rieber, at least as of December, 2019. ...

Who Is The Top Judge?

Winburn Personal Injury LawFebruary 1, 2021
by winburnlaw

What Is The Difference Between Arbitration And Mediation?

People sometimes confuse arbitration and mediation.  Mediation is merely a settlement meeting.  The parties can either settle or not settle,...

What Is The Difference Between Arbitration And Mediation?

Winburn Personal Injury LawJanuary 15, 2021

Winburn Law – a Vermont law firm handling only accident cases anywhere in Vermont.

Winburn Law Offices

Telephone:
(802) 447-0100
(802) 362-5100

Address:
409 MAIN STREET
BENNINGTON, VT 05201

Email: winburn@sover.net