It is important to remember that in nearly all situations involving litigation concerning automobile collisions, negligent security, and premises liability, the defendant that is named in the lawsuit is not the party who is responsible for paying you the compensation you rightfully deserve based on the Verdict of the Jury. Though it may appear otherwise, the named defendant is rarely even consulted in these matters, and the insurance company has stepped into their shoes.
The problem with this situation is that the insurance company cares primarily about holding onto its money. The insurance company will pay you the least amount of compensation possible as late as possible, despite your needs and the fact that they have been collecting premium payments from their insured, the named defendant, in preparation for this situation.
THE CAST OF CHARACTERS IN A TRIAL (COURTROOM LAYOUT):
These are the lawyers hired by the Insurance Company to stand at the defense table with the Defendant that the Insurance Company failed to protect from being sued. These Attorneys will be at the table opposite to the Plaintiffs and will be directed by The Insurance Company and not the Named Defendant.
The court reporter will be sitting in the Well of the Courtroom and will make a record of everything that is said in the trial.
The bailiff will be a uniformed Deputy Sheriff and will keep the order in the Courtroom.
The judge will be in robes and will preside over the proceedings from the elevated bench in the front of the Courtroom.
The Jury will be comprised of fellow citizens from your geographical area. The Jury will be in the Jury box and will be performing their civic duty by attending the trial, listening to all the evidence, and ultimately deciding the case for the Plaintiff or Defendant. Prior to your case, the Attorneys at X1Law will ask all of the potential jurors, known as the jury pool, as series of questions designed to select only the jurors that will be most favorable to your case.
This person is the “true” client of the Defense Attorney. The Insurance Adjuster will sit in the galley of the court room behind the Defense Attorney’s table. He/She will be there every day and will be seen consulting with the Defense Attorney but he/she will not be introduced to the jury. He/She is in control of the money that the Insurance Company will offer to settle a case or in charge of reporting back to the Company what the verdict was. The Insurance Adjuster will not be seen consulting with Named Defendant because the Insurance Company has set up a system that does not require any input from the Named Defendant. In this system the Named Defendant is just a puppet on the string of the Defense Attorneys and the Insurance Adjuster.
The American insurance system is set up to indemnify and protect drivers who are required by law to buy automobile insurance in exchange for the privilege of driving. This affords protection to the purchaser of the automobile insurance policy and to other drivers, like you, who are injured in unfortunate occurrences of automobile collisions and accidents.
If your case proceeds to trial, the attorneys at X1Law have determined that the liability for the collision is clearly attributable to the named defendant or the opposing party. That being the case, the real reason for the trial is not to determine which driver was at fault for the injury, but to hold the insurance company of the named defendant/opposing party, or in certain cases, your insurance company, to their commitment to pay for damages arising out of the contract they entered into when they agreed to protect the named defendant in a time like this, while they collected all of the insurance premiums, and to do all that is possible to put you back in the position you were in before you were injured by the negligence of another, in this case, the defendant.
The named defendant/opposing party may be another individual, maybe even similar to you. But the named defendant /opposing driver or named defendant /owner will not be the one responsible for ultimately paying the settlement or verdict, this responsibility is solely that of their insurance company. The fact of the matter is that the lawyers for the named defendant are in court representing only one interest, and that is the financial interest of the insurance company. The insurance company’s lawyers are “hired guns,” seeking to deny and delay you the compensation you justly deserve.
Often a representative of the insurance company will be present at trial. This representative will monitor the trial and will sometimes give a last minute offer when he/she realizes that the insurance company will be losing your case. This is unfortunately another tactic of the insurance industry, instead of determining what the appropriate compensation is for an injured party and doing the right thing by honoring the commitment it made, the insurance company will deny, delay, and defend against valid claims, in order to hold onto their corporate profits at the peril of the named defendant, and to keep your money invested and earning more money for it for as long as possible.
When a business invites you onto its premises, it does so solely for its benefit and for its monetary gain. When a business opens its doors to the public, it has a responsibility to the public which creates a special relationship with those people who enter and a special duty arises from that invitation.
When a business allows a dangerous condition to arise or persist, and someone is injured by the dangerous condition, the business has failed its guest and breached this duty.
It is fair and just to expect someone inviting you onto their premises for their monetary gain to provide for your reasonable safety. This may be in terms of promptly cleaning up spills or warning of spills, or providing adequate security at a location near a dangerous neighborhood. Businesses are in the best position to foresee these risks and often set aside funds or take out insurance policies for the inevitability of someone being injured on their premises rather than doing all that they can to provide for the safety of their guests.