Tools in the Injury Lawyer’s Toolbox: Bad Faith

Everett Lupton
Last Update: September 16, 2024
Tools in the Injury Lawyer's toolbox_ Bad Faith

As a law firm focused on personal injury law with lawyers having handled personal injury cases for decades, we often have cases where the insurance adjuster is just not evaluating the case according to what a jury or judge would award our clients.

Insurance companies have a duty to adjust (settle) meritorious claims within their coverage to avoid personal liability for their insureds. If the insurance company fails to do so, and the case goes to court and the injured person obtains a judgment above the liability coverage, then both Virginia and North Carolina have laws that allow the injured person to proceed to go after the excess amount.

If the court finds that the insurance company acted in “bad faith” in rolling the dice and not settling, then the law in both Virginia and North Carolina allows the injured party (now creditor) to recover the insurance coverage limits, plus attorney’s fees, a penalty amount, and/or the excess judgment, depending on the particular facts of each case.

It’s important to have a lawyer who has significant litigation experience against insurance companies and knows the different bad faith statutes and cases and how to apply them to your case.

Read more about the bad faith statute for uninsured and underinsured motorists.

Choose your attorney wisely.

Call the experienced trial attorneys at Slaughter & Lupton Law, PLLC for a free consultation on your case.

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