Getting injured due to someone else’s negligence is something none of us can never predict or anticipate. You could be causally shopping at your favorite local Meijer or Walmart or Target store and the next thing you know, you’re laid out flat on the floor after slipping and falling on merchandize or water left on the floor. Or, you could be driving with all your attention on the road when out of nowhere, a driver runs a red light to your left, T-boning you and sending your vehicle careening into a ditch. It is later discovered that the driver was heavily inebriated by a heady cocktail of alcohol and drugs, with no consideration for other road users. You may be grappling with severe pain from a spinal injury or headaches, seizures and brain swelling from a traumatic brain injury, and you may wonder how the law can help you seek justice and compensation.

Insurance companies exist to compensate those who were injured due to no fault of their own as long as the at-fault party has been faithfully paying their premiums; that said, just because something is said to be true doesn’t mean that it shall occur; insurance companies, after all, are for-profit entities, and with rising medical and other costs in this tough economy, adjusters will do everything in their power to lower your payout to not only save the company money, but so they can be offered bonuses for every successful low-ball offer that the injured party accepts.

This is not only unethical, but it is also borderline illegal. At McCready Law, we’ve handled thousands of claims and know the underhanded tricks played by insurance companies and are ready to fight for you by using a tool known as a “Hammer Letter” to compel these entities to offer you a fair payout or face the consequences in a court of law – read on to find out just how our best nationwide injury law firm protects you from the exploitative tactics of your average insurance company post-injury.

Our Attorneys Are Ready to Help You!

Are you looking for the best injury lawyer? Please call us NOW at (314) 481-63338 to learn more about your legal options for justice and compensation. The experienced injury attorneys at McCready Law have garnered over 90 YEARS of combined legal experience where they have helped tens of thousands of injured individuals recover compensation after getting injured on account of the negligence of other people and even large corporations. We accept cases countrywide and have worked with clients from various socioeconomic backgrounds as well as varying degrees of injuries from slip and falls all the way to spinal cord injury, and even wrongful death for the survivors of a deceased individuals. Our commitment to success in the personal injury world has seen us recover over $260 million and counting for our clients over the decades.

Our success can be attributed due to a number of things such as personally handling all claims and not relegating them to legal assistants or paralegals as is common in most law firms, a practice that often jeopardizes cases, working with renowned experts in the forensics, investigative, medical and accounting fields in order to accurately capture evidence of negligence, connect the same to your injuries, craft an objective medical report as well as quantify all your damages in order to ensure you are appropriately and fully compensated.

We run a bilingual firm (hablamos Español), and we have nationwide reach thanks to our vast and trusted network of referral attorneys and law firms. Lastly, we take on all cases on contingency fee basis, which simply means that there are ZERO UPFRONT FEES for the duration of the processing of your claim, as we only levy our fees at the end of the suit, and only if we’ve recovered compensation on your behalf. If you or a loved one got injured due to the negligent actions of others, please call us NOW at (314) 481-63338 to learn more about your legal options for justice and compensation.

Insurance Companies and the Consequences of Bad Faith Claims

Before we examine the intricacies of a hammer letter, it is important to state that the insurance company’s duty is one of good faith; you sign a contract or enter into an agreement that the insurance company will defend and indemnify the policyholder or the insured against negligence claims, up to the policy’s unit. This promise is legally enforceable, compelling them to reasonably investigate a claim, evaluate its merits in a manner that is fair, and settle the claim within the limits of the policy when the plaintiff’s damages exceed these limits and liability is a sure-fire thing.

Essentially, the duty for the insurance company to reasonably settle claims is to protect the insured from financial catastrophe; if the insurer acts in bad faith and refuses to settle a clear liability case within the policy limits, the case may proceed to trial where the judgment will almost always exceed policy limits, meaning that the insured must cover the difference.

How a Hammer Letter Protects Your Rights as the Injured Party

A hammer letter, also formerly known as a policy limits demand is a meticulously crafted legal document sent by us, your attorney, to the defendant’s insurance company, advising them to settle the case for a specific amount which is usually for the full available policy limits. It is important to note that the letter is not a casual negotiation, but a structured communication that lays out your case, so every fact is clearly communicated and nothing is left to chance.

Here are the essential components of an effective hammer letter:

1. It is clear and contains an unequivocal demand where we ask that the insurance company settle the case for the full available policy limits, and the exact amount specified
2. The letter is rooted in legal principles and contains only factual information such as how the accident occurred, citing supportive pieces of evidence such as witness statements, police reports, videos and photos of the scene and accident reconstruction reports
3. A comprehensive breakdown of all damages with supporting documentation such as a list of all itemized medical bills, lost wage documentation via a letter from your employer as well as pay stubs, projection of future medical costs that includes expert testimony from a life care planner and so on.
4. The explicit threat of bad faith which is in essence the hammer itself. The letter outlines in clear terms that should they refuse to accept this policy limits demand, they will be considered to have committed an act of bad faith and that should the case go to trial and the plaintiff is awarded an amount that exceeds the policy limits, they may be apportioned yet another bad faith claim from their own insured. Basically, for all intents and purposes this letter puts the insurer on notice that they may be held liable for their underhanded actions.
5. Lastly, the letter will contain a firm yet reasonable time limit that is non-negotiable for the insurance company to accept the offer which usually ranges from anywhere from 14 days to a month, giving them a fair opportunity to evaluate the demand; this time frame also prevents them from using delay tactics as a means of undermining the offer.

Best Nationwide Injury Attorneys – Call Us NOW!

It is usually in the best interest of the insurance company to acquiesce to the demands of a hammer letter because if they reject the same, the insured may have a claim against them which they can then pass on to you which you can then use to file a separate claim or lawsuit where you can recover ten or even twenty times more than what the policy limit initially was. Injured?

Call us NOW at (314) 481-63338 regardless of where you are in the country so we can assess your potential injury lawsuit and advise you on the next steps to take in order to secure maximum compensation. Remember, the call is 100% FREE, and there are no legal obligations. Thank you for choosing McCready Law, and we look forward to helping you.