Posted On: April 18, 2008 by Mark Bello of Lawsuit Financial Corp.

Lawsuit Funding Candidate: $5.3 Million Paid to Auto Accident Victim Over 5 Years After Accident



A U.S. District Court jury in Missoula awarded a Bigfork woman $5.3 million in damages
earlier. This was the largest bad-faith insurance verdict in Montana history.

Samantha Chilcote, 32-year-old salmon ecologist, suffered permanent brain injuries in a head-on automobile accident. She was not the at-fault driver and the at-fault driver's insurance limits were inadequate compensation.


Fortunately, Chilcote, a doctoral student at the time of her accident, was covered under her family's insurance plan with Fireman's Fund, for a total of $1.5 million in underinsured motorist benefits and $15,000 in medical pay. However, the company refused to pay the underinsured motorist claim and paid the med pay claim in January 08, five years after the accident.

The jury found that Fireman's Fund acted with "actual malice" and awarded $3.5 million in punitive damages and $1.8 million in compensatory damages. The jury also awarded $35,000 for Fireman Fund's violation of the Montana Unfair Trade Practices Act.


Chilcote said: “I was completely overwhelmed and I'm really thankful to the jury for doing the right thing, and to my legal team for standing behind me. It has been a really long, long hard road.”

Her attorney, James A. Manley, said: “This insurance company went for five years before it paid any of my client's medical expenses. “They had absolutely no basis for not paying them. She is one of those people who did everything right, and would never file an exaggerated claim. Yet the insurance company argued that she was making this up.”

The article attached to this blog post recites Fireman's deplorable adjusting and payment avoidance tactics. The handling adjuster accused her of faking a seizure. To this day, she continues to suffer from a short-term memory defect and is still undergoing treatment for her brain injury. Chilcote also said "It was a classic case of David and Goliath, where they are just trying to wear you out. I just really hope that the jury's decision sends a clear message to insurance companies everywhere.”

This all-to-common situation is a perfect candidate for assistance from a reputable lawsuit funding company. While bills and expenses mounted for the Chilcote family, it is unclear whether she availed herself of financial assistance from a company like Lawsuit Financial, which provides financial assistance to injured and disabled litigants involved in pending litigation because of their injuries and/or disabilities. A series of well-placed non-recourse lawsuit advances can often ease the financial pressure to settle early and cheap. For a free analysis of your case funding situation, call, toll free, 1-877-377-SUIT (7848) or visit us on the web at www.lawsuitfinancial.com. We are standing by, ready and willing to help you achieve better results in your litigation.