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“Make My Day, File Suit”— The Dirty Harry Approach

An attorney at a New Jersey personal injury law firm may be aware that there is a misconception about whether adjusters are penalized for claim files that enter litigation.  Some adjusters view filing suit as a method of reducing their pending caseload and therefore put off attempting to reach a realistic claim valuation. There are a number of reasons some adjusters welcome the development of litigation:

  • Litigation transfers the file to a defense attorney, who is seen as easier to work with than claimant/plaintiff counsel.

  • Litigation allows the adjuster to avoid the headaches of dealing with opposing counsel.

  • In some claim operations, the file itself transfers into a separate Litigation Unit, which has the net result of removing one more file from the adjuster’s desk.


It is often common knowledge to a New Jersey personal injury law firm that some adjusters, in an attempt to save the company money, will under-evaluate claims.  By doing this, adjusters are able to send a message that there is no easy money to be had.  Some adjusters also low-ball because of some oversight or blind spot when evaluating a case; others low-ball out of ignorance or out of a belief that it is the only recourse to the “high-balling” they expect the accident attorney to engage in.

Waiting Game

The adjuster may be slow in evaluating the worth of a claim since time is on his or her side.  Because insurers earn much of their money by investing, and not from writing insurance, long payout intervals are favorable.  A New Jersey personal injury law firm should be aware that most people are not aware that an insurance business really consists of two businesses combined into one.  The part that underwrites insurance on risks seldom makes money and often actually loses money.

The part that invests the money insurers receive from paid premiums is far more lucrative and usually sufficient to offset the losses incurred from underwriting.  Usually the more time funds stay invested, the greater the insurer’s financial return.  Therefore, any delay incurred in valuing or settling claims often rebounds to the insurer’s benefit.

Contact Us

Please contact the personal injury lawyers at the Clark Law Firm, PC at 877-841-8855 if you would like to discuss your personal injury claim with a knowledgeable and experienced attorney at a New Jersey personal injury law firm.

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