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January 13, 2017 by Greg Baumgartner
People who try to handle their injury claims often fail. This is illustrated in the case of Windell Gilbert vs. Cherish Fitz. A verbal settlement with the adjuster could have changed the outcome. The case was heard in the Court of Appeals in the Fifth District of Texas at Dallas. The case number is 05-16-00218-CV.
In the Gilbert case, a person injured in a car accident attempted to discuss the matter with the insurance adjuster independently. They talked on the phone and agreed to take $500 and payment for their medical bills from the day of the accident.
The injured person’s car was hit from behind by another driver, and he was taken to the hospital in an ambulance. At the hospital, he was treated for a neck injury, a fractured wrist, and a fractured rib.
A week later, the insurance adjuster for the driver who hit the plaintiff called to discuss the accident and the injuries. The plaintiff agreed to give a recorded statement over the phone. In the statement, the plaintiff and the adjuster agreed to settle the case. They decided on reasonable medical expenses on the day of the crash. Additionally, they agreed to $500.
Read More: How to Negotiate a Settlement with an Insurance Claims Adjuster
The insurance company promptly sent a letter to the victim with a check for $500, which contained release language on the check. The victim never cashed the check upon advice from an attorney he hired to help him with the case.
A lawyer for the victim sued for fair compensation, and the victim’s insurance company countersued for breach of a settlement agreement. Ultimately, the insurance company won the case by summary judgment. It was awarded $10,000 in attorneys’ fees in addition to the verdict.
There are some easy lessons for someone handling their personal injury case from this factual situation:
In summary, this case demonstrates that if someone injured in an accident agrees to a settlement over the phone, they may be required to keep it. This is true even if the agreement is not good or fair.
A common mistake personal injury victims make is talking to an insurance adjuster too soon after an accident. This often involves giving a recorded statement. They often do this before understanding the full extent of their injuries.
Some people might want to work with the insurance company. In that case, it’s best to state the adjuster without recording it. We advise you not to make any statements without consulting a qualified attorney first. Adjusters can use many tactics against inexperienced claimants.
No law requires giving recorded statements to the other person’s insurance company pre-litigation. This case illustrates how insurance companies can exploit individuals who attempt to handle their cases without a lawyer.
Here are 5 things to know about car accident settlements in Houston.
Call the Baumgartner Law Firm at 281-587-1111 for a no-obligation consultation on a Texas personal injury claim.
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Since establishing Baumgartner Law Firm in 1985, Greg Baumgartner has built a reputation as one of Houston’s leading personal injury attorneys, dedicated to representing severely injured victims and families who have lost loved ones due to negligence.
Greg holds two law degrees, a distinction earned by less than 1% of all attorneys, demonstrating his exceptional legal expertise. He is also a prestigious Trial Lawyers College graduate, further enhancing his skills in trial advocacy and litigation.
His relentless commitment to legal excellence and client advocacy has earned him recognition from prestigious organizations, including Super Lawyers, the Top 100 Trial Lawyers, and many others.
With decades of experience, Greg has consistently received top peer reviews. He holds a preeminent rating, a testament to his unwavering dedication to securing justice and maximum compensation for his clients.
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