<- Back to the Legal Right of Commercial Divers
Frivolous Claims or Lawsuits
The hiring of investigators and adjusters is a product
of a litigious society. News stories abound informing us
of fortune seekers who feel that the legal system is no
different than the lottery. Unscrupulous attorneys help
facilitate this atmosphere. The legal system is designed
to provide those with legitimate disputes a forum in which
they can resolve their differences. The legal system is not
designed for “get rich quick” schemes.
The fling of frivolous lawsuits is illegal. Federal and
state law enforcement agencies have been established
to investigate, seek out and prosecute those who fle
frivolous lawsuits. Additionally, judges and the local state
bar associations are pursuing attorneys who promote and
fle frivolous lawsuits.
Settling a Personal Injury Claim
Without Legal Counsel
A settlement is just that - it settles a claim once and for
all. Upon accepting settlement funds an injured diver may
be told that the acceptance of the money and signature
on settlement papers forever discharges the diving
company and the insurance company from any future
responsibility.
The consequences of one’s actions, no
matter how desperate the fnancial position,
must be thoroughly considered prior to
accepting a settlement.
In accepting a settlement and receiving settlement funds
the diver is signing away all of his or her legal rights
under the law.
Thankfully, not all injuries are so severe as to disqualify
the diver from continuing his or her career as a
professional diver. Such cases lend themselves to a
settlement of the claim without the necessity of hiring an
attorney or fling a lawsuit. Additionally, some claims have
no legal basis or foundation; either the company was not
at fault or the diver was not in fact injured. Such claims
are best not fled.
In any case, however, it is urged that the diver discuss
any proposed settlement with competent legal counsel.
That is not to say one must hire an attorney. Customarily
Delise & Hall counsels a diver to settle, without the
necessity of fling suit, where the injury is minor or where
circumstances dictate that the best interests of the diver
are served without attorney intervention.
If it is a diver’s intention to try the settlement process
without a legal counsel here are a few suggestions.
First of all, it is important for the diver to obtain all
medical reports and results of medical testing. Do not
trust the insurance company’s explanation as to the
impressions or opinions of the treating physicians.
Discuss personally with your doctors the fact that you are
attempting to settle your claim, and inquire as to what, if
any, residual damage is expected to occur in the future
as a result of the injury. Without this knowledge you will
compromise your future.
Second, ask the adjuster to provide you with any and
all information he or she may possess on the accident.
Ask him or her to send you all of the medical reports or
medical test results in his or her possession. Request
that he or she send you copies of all witnesses’
statements, accident reports, photographs or any other
important information or documentation of how or why
the accident occurred.
You can believe that the adjuster or claims
representative secured this information; that’s his or
her job. These requests will be a test of the adjuster’s
“good faith,” the “good faith” that the adjuster has so
often mentioned over the length of your relationship.
Thirdly, let the adjuster do most of the talking. Do
not allow the adjuster to chisel away the fgure you
have asked for. Ask that the adjuster justify his or her
fgures. Do not be swayed by the technique whereby
the adjuster explains that he or she must “pass it on
to superiors.” The adjuster knows what the claim is
worth. The “passing it on” is for the purpose of delay.
The claim will be settled later in time for less money; at
that point the diver will need the money more and will
be more desperate to take whatever the offer, no matter
how much less. Time is money and no one is more
aware of that than the insurance company.
The insurance company, not faced with a pending trial
date, holds all the money and, hence, all the cards.
As mentioned before, an injured diver is not on equal
ground with the insurance company or its adjusters in
attempting to settle the claim.
The insurance company may offer what is commonly
called a “structured settlement.” A structured
settlement allows the insurance company to pay the
claim over time instead of in one lump sum payment.
Settling a claim with a structure maybe a good idea for
those who would squander their settlement away and in
some cases there maybe tax benefts. Before accepting
such an arrangement discuss the proposal with an
investment advisor or legal counsel. The important
thing to note is that you can do the same thing with
a lump sum settlement by purchasing an annuity
through an investment company. All that is important
is how much the settlement is worth in today’s dollars
and whether you will retain the principal when the
investments mature.
