My question involves court procedures for the state of: FL
Case involves a trustee who mishandled trust assets. Trustee is also a lawyer and is being represented by professional liability coverage carrier. To date, the insurance company attorney has not taken the case seriously, based off what our attorney has relayed to us. As in, hasn't put much time into researching our position or looking at information provided through discovery. Our case really hinges on people understanding the nitty gritty when it comes to trusts, IRS rules and regulations pertaining to a certain type of asset. Our attorney has said it will all come down to the expert witness and that the insurance company would not make any kind of good faith settlement offer until we have an expert.
Our attorney did not have an expert in mind, so I offered to work with him to find one. To make a long story short, the top nationally recognized expert in this area has agreed to provide services as an expert witness. This individual has written more than 8 books on the subject and is widely sought for advice by major media outlets. Additionally, the person has trained thousands of financial professionals and attorneys on this narrow topic. The expert is truly an expert and not a hired gun.
Professional liability coverage is $1M. Damages claimed are approx. $600K.
Will bringing in a heavyweight as an expert help to get the insurance company to the negotiating table? Or will they still want to force this to trial?
For anyone browsing this forum- lawsuits are not for the weak of heart or those without substantial cash to pursue a case. We first hired legal counsel on this matter 5 years ago. Trial was just pushed back several months into 2018. If the insurance company does not make a reasonable settlement offer, we could win in court, but then face the insurance company appealing the decision.
Case involves a trustee who mishandled trust assets. Trustee is also a lawyer and is being represented by professional liability coverage carrier. To date, the insurance company attorney has not taken the case seriously, based off what our attorney has relayed to us. As in, hasn't put much time into researching our position or looking at information provided through discovery. Our case really hinges on people understanding the nitty gritty when it comes to trusts, IRS rules and regulations pertaining to a certain type of asset. Our attorney has said it will all come down to the expert witness and that the insurance company would not make any kind of good faith settlement offer until we have an expert.
Our attorney did not have an expert in mind, so I offered to work with him to find one. To make a long story short, the top nationally recognized expert in this area has agreed to provide services as an expert witness. This individual has written more than 8 books on the subject and is widely sought for advice by major media outlets. Additionally, the person has trained thousands of financial professionals and attorneys on this narrow topic. The expert is truly an expert and not a hired gun.
Professional liability coverage is $1M. Damages claimed are approx. $600K.
Will bringing in a heavyweight as an expert help to get the insurance company to the negotiating table? Or will they still want to force this to trial?
For anyone browsing this forum- lawsuits are not for the weak of heart or those without substantial cash to pursue a case. We first hired legal counsel on this matter 5 years ago. Trial was just pushed back several months into 2018. If the insurance company does not make a reasonable settlement offer, we could win in court, but then face the insurance company appealing the decision.
Settlement: Quality of Expert Witness in Professional Liability Case
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