3 ms·
There's so many variables in play that it's difficult to speak universally on it. Every case is unique, there is relevant case law, different state laws, etc. E
by blamazon 3y ago
There's so many variables in play that it's difficult to speak universally on it. Every case is unique, there is relevant case law, different state laws, etc. Everything you said is a possibility - I would say off the cuff that it generally hinges on the scale of negligence and harm - consider these the X and Y axes of a graph where the Z axis is whether the clerk laughs at you, whether a judge dismisses it pre-trial, whether it goes to trial, if a settlement can be negotiated. Die or lose a limb? Stakes go up for sure.
Sometimes insurance will pay all the legal/settlement costs, sometimes they won't, sometimes a business will have to negotiate to avoid a rate hike (we did x, y, and z to avoid this liability and minimize the settlement) and sometimes the insurance policy does vanish.