Aunt Sues Nephew: the Rest of the Story
Aunt Sues Young Nephew Over Broken Wrist! Aunt Sues Nephew Who Accidentally Broke Her Wrist When Giving Her A Hug! Recently, the news reports of the aunt who filed a personal injury lawsuit against her nephew caused an enormous national backlash against the aunt—and her personal injury attorneys. She was pilloried across social media, and in nightly news programs across the country.
Bit by bit, however, the “rest of the story” has trickled out, and we learned what the Tallahassee personal injury lawyers at Fasig & Brooks already knew: The insurance company made her do it.
Here’s the rest of the story: When the injured party (the aunt) sought to have her medical bills paid by the homeowner’s insurance policy, she was offered $1. In Connecticut, where the injury occurred, state laws require that people who file injury claims must take the responsible party to court, not the insurance company. Because of this, she was required to name a minor child in her lawsuit to recover damages. Not only was this stressful to their family, it made her look like a terrible person. After all, who sues their own nephew? The jury was not allowed to know that she was actually seeking to hold the insurance company liable for her medical bills; they were instead told they had to consider if a minor child acted in a negligent manner for his age. She lost the lawsuit, and the insurance company got away with not having to pay a claim for actual injuries.
Not quite the same story as what the salacious headlines would lead you to believe, is it?
If you are thinking that it seems like the deck is stacked in favor of the insurance company, you are right. Insurance companies are for-profit businesses, and their goal is to make money. They do this by trying to minimize risk—and minimize, or deny, payouts for legitimate claims. Insurance companies have lobbied hard for laws like the one in Connecticut- Florida has the same law- because they know that jurors have a harder time finding an individual responsible for financial damages, not knowing that an insurance company is actually responsible for paying the claim.
Personal injury lawyers have long battled insurance companies, seeking to hold them responsible for paying the benefits for which they are contractually bound. At Fasig & Brooks, we have seen how insurance companies use every tactic imaginable to try to avoid paying a fair amount on a legitimate claim. Recently, a Michigan Law Firmuncovered documentation that insurance companies have had, and continue to have, a detailed plan of action to delay and deny claims.
If you have been injured, the odds of settling your claim fairly without legal representation are not in your favor. Insurance companies have a detailed plan of action, with the resources of an entire company, to fight your claim. They have attorneys on their side, and if you have been injured, you need a personal injury attorney who will fight for your rights.
At Fasig & Brooks, our personal injury attorneys have experience in pursuing injury claims. When you call, an attorney will speak to you about your case free of charge. And, if we can’t take your case, we have a carefully vetted network of attorneys we can refer you to if appropriate.
Don’t let the insurance companies beat you down. We will stand for you, and seek the justice you deserve.