Often, in cases with catastrophic injuries, the primary tortfeasors are underinsured. In those cases, do not settle for inadequate policy limits without exploring all possible avenues for recovery. Sometimes, additional causes of action — which are not readily apparent — can significantly increase the value of your case.
Creative lawyering means looking beyond the obvious defendant. Ask: who else had a duty of care? Was there a property owner, an employer, a manufacturer, or a municipality whose negligence contributed to the harm? Each additional party may carry their own insurance policy — and their own exposure.
The seriously injured deserve maximum compensation. That means our job is never done at the first settlement offer. We exhaust every theory, every defendant, every avenue, until we are confident the client has received everything the law allows.
As seen in the New Jersey Law Journal · 88 tips across 8 chapters
These tips are written for licensed attorneys and are intended for educational purposes only. They do not constitute legal advice and should not be relied upon as such.
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