Litigation can be a wobbly tightrope for insurance companies to travel. Recently, our attorneys read an article detailing a case in which a Nebraska couple injured in a car accident fought their insurance company for the benefits due to them under their insurance policy.
The plaintiffs, Karen and C. Dean Carlson, were injured when a gravel truck was pushed into their lane of a Fillmore County highway by an on-coming semitruck according to the Lincoln Journal-Star.
The crash resulted in severe injuries. Dean Carlson suffered from chronic pain, among other ailments. Karen Carlson experienced acute cervical strain, headaches, and psychological trauma following the accident.
After the couple filed suit to seek compensation for their injuries against the semitruck company, L&B Transportation, the parties participated in a hearing in Lancaster County District Court. After the Carlsons won in district court, the defendant would take the trial to the Nebraska Supreme Court, where their appeal was denied.
Dean received an award of $894,901 and Karen an award of $259,578 in compensation for the injuries they suffered.
As in the Carlsons’ case, insurance companies will often resist payouts to policyholders that are commensurate to the injuries sustained. An injured driver can expect to receive an initial offer from his or her insurance company, especially if there were severe injuries, but this amount is often lower than what the insurance company is truly prepared to pay, sometimes as low as half of or a quarter of the full amount.
Our own workers’ compensation attorneys have extensive experience offering advice to drivers who find themselves in similar situations. Insurance companies bank on you accepting their initial offer before enlisting the help of an attorney. It’s important to seek help from a seasoned attorney who can help you navigate workers’ compensation law in pursuit of a cash reward that will go beyond a cursory first offer and provide for any future medical expenses, as well as physical therapy, loss of earning capacity, and pain and suffering caused by an accident.
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