Medford Oregon Premises Liability Win against Sears Retail Store.
Claim handled by: Arne Cherkoss – Tough Negotiator.
FACTS: A Personal Injury Claim: Our client sat in a chair while shopping in the Sears Retail Store in Medford Oregon. The chair broke, causing our client to fall and hit his head on the concrete floor. An employee examined the chair and noticed that it was not assembled properly. There were several loose screws in the chair which caused it to be unstable. The fact that the chair was not properly assembled made Sears liable to our client for injuries and damages.
PROBLEM: The insurance company did not deny liability in this case. However, after Arne successfully negotiated a fair settlement, the insurance company wanted our client to sign a Release Agreement. That was fine except the Release specifically stated that the settlement check was already delivered to our firm, which it wasn’t.
WHAT WE DID: Arne called the insurance adjuster and requested an alteration to the Release Agreement so that it conformed to the terms of our agreement, namely, the settlement draft would be paid upon return of the Release Agreement. The adjuster refused to alter the Agreement. The adjuster also refused to send the settlement draft until the Release Agreement was signed and returned to him.
Arne wrote a letter to the insurance adjuster handling this premises liability claim, his supervisor, and the Oregon Insurance Commissioner where Arne informed them that he was unwilling to have his client sign a Release that was inaccurate. Arne would either have his client sign an altered Release Agreement as stated above, or the insurance company could send the settlement check and when our firm received it Arne would have his client sign the Release Agreement.
RESOLUTION: The insurance adjuster’s supervisor did not think Arne’s request was unreasonable. The Release Agreement was amended as he initially requested.
EVALUATION: The insurance company accepted liability. Arne negotiated a fair claim for our client. The Release Agreement wasn’t correct. Arne contacted the Oregon Insurance Commissioner to get the attention of the insurance company to correct the document. Dwyer Williams Cherkoss Personal Injury Attorneys held the insurance companies feet to the fire and got the claim settled for our client.
If you have a personal injury claim and are concerned that the insurance company is treating you unfairly or not offering you a fair compensation for our Oregon personal injuries and property damages, Call us now for a free consultation. One of our expert Personal Injury Attorneys is happy to discuss your Oregon Personal Injury case with you. Call us now: 541-617-0555.