Bank employee suffers emotional distress after witnessing an automobile accident
The victim, a 24 year old female, was working as a bank teller at a local bank. While she was working behind the teller desk a car suddenly lost control and drove through the front door of the bank. The car struck two customers causing serious bodily injuries. However, the car never struck the victim. There was no physical contact in any form between the car, the flying debris, and the victim. After the accident, the victim, who had a history of anxiety and emotional disorders, began to suffer a panic attack. Unable to control her emotions she sought psychological counseling for her emotional distress. Specifically, she kept having nightmares of the car driving through the bank entrance door and the loud sounds of people screaming and running in fear. Not knowing who to turn to, the victim called the Deerfield Beach Auto Accident Attorneys Dell and Schaefer. Our firm took on the case and immediately filed an emotional distress injury claim against the insurance company.
The Insurance Company Denies The Claim Due Because There Was No Physical Impact To The Victim
After filing the emotional distress injury claim with the insurance company, our firm received a quick denial letter from the insurance company. The insurance company reasoned that our client did not have a claim for injuries since our client had a history of emotional disorders and there was no physical impact with the forum vehicle. In addition, there were two other victims in this case who suffered severe physical injury in the accident. One suffered a broken leg and hip, and the other victim suffered a fractured arm. The person that caused the accident only had a policy of insurance that would cover up to $25,000 per person for a maximum payout of $50,000. Since two victims had serious physical injuries, the insurance company intended to pay each of the other two victims the policy limits of $25,000 which would have exhausted the policy and left nothing for our client. Our firm did not flinch in our resolve to recover money for our client and our firm demanded that the three injury claims be sent for a mediated global settlement. In addition, our firm drafted a lawsuit and informed the insurance company that we would file the lawsuit immediately if our case was not heard in a mediated global settlement. Wishing to protect their client from an unnecessary lawsuit, the insurance company reluctantly agreed to enter a global mediated conference.
Dell and Schaefer Negotiate A Settlement At The Mediated Global Settlement Conference
The three claimants appeared at a global mediated settlement conference. The first two victims also hired lawyers to represent their bodily injury claims. The first victim’s attorney stated that his client’s fractured arm case was worth more than the $25,000 policy and demanded the full $25,000 policy limit. The second victim’s attorney stated that his client’s broken leg and hip was worth more than the $25,000 policy and demanded the full $25,000 policy limit. Our firm presented a claim for severe emotional distress. Specifically we introduced the medical reports that showed that our client had a history of emotional disorders and was very susceptible to any act that could cause emotional distress. Our medical records also showed that our client suffered from a panic attack caused by a car driving through the bank’s front entrance. Our firm demanded a settlement for her injuries as well. The insurance company informed us that pursuant to the laws of Florida, the insurance company had a duty to pay the claims that were worth the highest before the lowest in order to minimize the exposure that their insured would have if there were lawsuits filed against him. Since the insurance company valued a broken arm case and a broken leg and hip case as substantially higher claims, they stated their intent to pay those claims and deny paying our clients emotional distress claim. Once again, in the face of a very uphill battle, our firm requested the insurance company to leave the mediation room and allow the three plaintiffs to speak privately. The insurance company obliged and our private discussion ensued. Our firm informed both the other plaintiffs’ attorneys that our firm would not waiver in our efforts to recover money for our client. We showed both attorneys a copy of the lawsuit that was drafted and told them that by 5:00 p.m. that evening the lawsuit would be filed. And furthermore, not only would a lawsuit be filed, but our firm would file for an immediate injunction to stop all settlement proceedings and demand a court hearing to determine which claims were worth more than the rest. Although our intent was not to purposely delay the proceeding, both attorneys were aware that the likely result of our firm filing an injunction could cause delays of up to six months before their clients would be able to receive any settlement money. After realizing that our firm’s procedural strategy could result in long delays, one of the plaintiff’s attorneys agreed to split his $25,000 settlement with our client. The end result was that our firm received $12,500, which was the exact same payout for another plaintiff who suffered a broken arm!
Our client was absolutely thrilled that our firm went not only an extra mile for her, but we ran a 26 mile marathon until we were able to get our client compensation for her injuries. Our firm will always fight till the very end to get the maximum recovery for you. Call us for a free consultation. We do not charge a fee unless we recover money for you.