How to get sued for $1.5 million for personal injury while taking a shower.

[jeff47]

33. You're assuming the case will reach a courtroom

It seems to me the Plaintiff's attorney in this case is expecting exactly what is happening: The insurance company decides to settle before trial.

But I doubt it. The fact that the insurance company wants to settle is evidence, to me, that they believe they are liable. I.e., there was an actionable injury. Generally speaking, insurance companies do not settle unless they know they are liable.

Actually, they settle all the time even when they aren't liable.

It's cheaper.

Defending this suit at trial will require them to spend $X. Even if it's a slam-dunk that they will win. There's no practical way to collect on a counter-suit because the plaintiff has little money. So they will never recover a significant part of $X even if the claims are 100% frivolous.

So they offer something less than $X to settle. The case goes away, and they've saved a lot of money. Plaintiff's attorney gets a fantastic payday for relatively little effort, and the "victim" gets a little cash to feel that they did well in the scheme.

And let me tell you, it is infuriating when you're the defendant in situations like this.