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IndianaIndiana Code Ann.
Section 37-1-83 years
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In general, when a personal injury case exists there are two possible ways that the case can be resolved. First, it can be resolved by a plaintiff settling outside of court. This means the insurance company of the responsible driver will accept fault and make an offer to the plaintiff of a set amount of compensation. The plaintiff will need to consider the settlement and if he accepts, he gives up his right to ever bring a lawsuit and gets to receive the settlement income. However, if things cannot be settled outside of court, then the plaintiff can escalate the case to a personal injury lawsuit and file a suit in civil court.
You have a positive duty to notify your insured of the potential personal and economic liability in the event that you do not settle this claim within the time limits allotted herein. You must also take into consideration the mandates of Pennsylvania Rule of Civil Procedure 238 which requires that ten percent (10%) delay damages be added to the an award when the award is 125% of any offer in writing. To date, no offered has been made in writing to settle this claim. You are risking these damages on your company's behalf and on behalf of your insured in the event that this matter does not settle within the time frame set forth in this letter.
1 comments:
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