Why Do Insurance Companies Make Bad Offers

A good friend of mine, who happens to be a paralegal at a personal injury firm in Virginia, was involved in a motor vehicle accident about 6 months ago. I won’t go into details about the firm but they have a decent reputation and certainly would have been willing to take his case from the start. When I asked him about the accident he told me the other driver ran a red light and slammed into the driver’s side of his car. He was injured but nothing too serious (broken bone, whiplash). The police report indicated the other driver admitted to causing the accident so he assumed it was a slam dunk!

With great resistance from his employer, he decided to handle the case on his own. He assumed, as would most people, the other driver’s insurance company would be ready to make a quick offer and settle this claim because their client admitted liability.

He told me when filing the claim he was looking for compensation that covered loss of wages (didn’t make it to work that day along with several follow-up visits at the doctor’s office), medical expenses (hospital, doctor’s, pain medications etc), property damage (what a joke), and money for transportation costs (car rental, cabs etc).

I remind you that this is a very good friend of mine. When he told me what the insurance company offered on the claim, I started cracking up. I couldn’t help to laugh because I’m pretty sure considering his tenure at the firm, they would have taken his case for free.

Let’s fast forward to now. It has been 6 months and he still hasn’t received a nickel from the insurance company. I must admit if there was one person that wasn’t a licensed attorney that had to take my case; it would be him (well maybe not anymore). Well you can imagine he took some heat from his employer and rightfully so. Today, his employer is now his attorney.

The moral of the story is quite simple. Why does it take an Act of Congress for some insurance companies to pay victims like my friend, full compensation on their claims? I know that some attorneys have a bad reputation for being tenacious, but let’s admit it; they need to be when dealing with some insurance companies.

If you were involved in an accident, think twice about handling your own injury claim. Why not at least take the time and talk with an attorney before diving into a situation you are unfamiliar with? While my friend ended up hiring his employer, he at least had some knowledge of what to say and not what to say when speaking with the insurance company. If you are handling your own claim and the insurance company begins asking you questions about the accident, what will you say? Remember everything you say, can be held against you during settlement time.

Getting back to the title of this post. Why do insurance companies make bad offers? I believe insurance companies make bad offers in hopes the victim will take it. If the victim really needs the money, chances are they may jump at the first offer. Insurance companies have a bottom line to protect and the more money they pay out, the less profit they make.

Plaintiff Funding

Plaintiff funding content is provided by LawLeaf – For additional information on plaintiff funding, visit them on the web.

You may have heard the term plaintiff funding in the past. It’s most commonly referred to as legal funding or lawsuit cash advance. The term describes a form of borrowing and lending that is contingent upon a lawsuit. Plaintiff funding comes in varies forms. A person if qualified, may borrow against a lawsuit that has not yet settled. This is most commonly referred to as pre settlement funding. If a person is qualified to borrow money against a case that has already settled, it is most commonly referred to as post settlement funding.

Preliminary Qualifications:

First and foremost the only way you can borrow money against a lawsuit is to be the plaintiff in the case. This means you are the one that is seeking compensation from a personal injury or a commercial litigation suit. A plaintiff must also be represented by a licensed attorney. If you are not the defendant in the suit or representing yourself (pro se), a lender will not allow you to borrow money against your case.

Approving an applicant:

The approval process may be different for each company. A company that lends money against pending or settled claims employ or hire underwriters to evaluate each case. The evaluation process begins with an application. Once a company receives an application they will request documentation from your lawyer. The documentation is key in the underwriting process because it allows the representative to fully evaluate the validity and the strength of the case. If during the evaluation process the lender believes you will win your case, they will advance a sum of money that is determined based upon the size and the strength of your case.

Who provides plaintiff funding?

There are a variety of different sources that provide plaintiff funding. The different sources that originate this type of lending include, hedge funds, private investors, investment firms, institutional funds, and in some cases banks. Usually banks are the source of cash for such groups.

How long does it take?

The amount it takes to receive an approval is case by case. Personal injury lawsuits tend to take less time. These cases are easier to underwrite. Personal injury cases are also the most popular type of plaintiff funding available. Commercial litigation claims tend to take longer because the request amounts tend to be larger. There are also very few companies that will underwrite commercial litigation cases. The average amount of time is between 1-3 days from the time the applicant applies for plaintiff funding to the time an applicant receives a check.

Is plaintiff funding right for me?

Plaintiff funding should always be used as a last resort. Because of the risk factor, rates tend to be higher than a normal bank loan. If a plaintiff has no other options and can’t afford to wait the case out, plaintiff funding may be right for you.

Don’t Settle for a Bad Settlement

Content provided by LawLeaf. LawLeaf is an online legal funding company.

Over the course of any lawsuit a victim has an interest of reaching a quick settlement. When you reach a settlement the plaintiff in the case will agree to accept an offer and give up the right to legal recourse at a later date. This means once an offer is agreed upon, the plaintiff will not have the right to receive additional compensation at a later date. When you do eventually settle don’t settle on a bad settlement offer!

Millions of people each day struggle to pay their bills and provide for their families. When you have been involved in an accident and it resulted in injury, the struggle may get harder. Personal injuries can be catastrophic and in many cases the victim is forced to take time off of work. If you are living pay check to pay check and you don’t have short or long term disability coverage, it can become very challenging. If you lose a job and incapable of returning back to your profession, it can become financially devastating to the victim.

When you read about personal injury cases oftentimes you think compensation is only available for medical bills, pain and suffering and property damage. While these are a few of the expenses that should be included in a compensation package, loss of job and loss of wages should be a high priority on the list. The average household income from state to state ranges from around $36,000-$69,000 with the average personal income lower. If you own a home, car, renting an apartment and your the breadwinner of a family, cutting out your income can be very problematic.

Insurance companies have the reputation of forgetting to include loss of income into the total compensation package. They may include a few days but what about time lost for follow-up visits to a doctor, hospital, physical therapist. If you are involved in an accident it may require additional visits for x-rays, MRI’s and medical evaluations. These costs should certainly be included. Consider the costs for retraining yourself to enter into a new occupation because you are no longer able to go back to work.

If you are considering a settlement make sure you consider all the costs associated with an accident and not just the ones you have bills for.  So when you reach the settlement table be sure not to settle for a “bad settlement”.

Economic Costs of Trucking Accidents

Trucking accidents can be the most expensive of all accidents. People often die when they are involved in a truck collision. There is also a high lost in property. While the initial and most devastating economic cost is inflicted on the victims, it can also cost others.

When a victim dies or is injured in a trucking accident, the surviving family may decide to hire an attorney to file a lawsuit. There are many good attorneys experienced in truck accident law who can help the victim and the families receive some compensation for their loss and injuries. This process can take several years before the case goes to trial.

The wait can result in financial hardship, especially if there is no or little income. They may have to pay funeral costs. There may be high medical bills or expenses. Many victims opt to get lawsuit funding through their attorney. This is a pre-settlement loan that provides the victim funds to help pay their bills and expenses. Usually the plaintiffs must have a fairly strong case for lenders to agree to lawsuit funding.

While the injured are the obvious victims, a trucking accident does impose economic costs on others. The trucking company may also be sued, and if they are found legally liable they may have to pay out millions of dollars to the plaintiff. The cost of this payout may be passed onto others in the form of higher trucking fees. Companies that suddenly have to pay more to transport goods may pass those costs onto the consumers.

A trucking accident can also cause economic hardship for the area of the immediate accident. If the accident is particularly large it can shut down a highway for hours. This can delay all the thousands of people who travel on the highway. This includes other truck drivers who need to deliver their loads by a deadline. In various ways the traffic accident has impacted economic costs on them.

An even larger economic cost can happen when a trucking accident involves a hazardous material spill. This can damage the local environment if it seeps into the ground or enters the water supply. Federal agencies may shut down the accident area for days cleaning up the spill. If there are any businesses located within the area they will suffer lost income and possible property damage.

Truck accidents can be devastating and expensive. They can cause death and debilitating injuries. They can leave families with mounting debt and they can leave others with high economic costs. This is why a good truck accident attorney can be invaluable. They can help recover compensation for victims and families that have suffered a great loss. They may be able to secure lawsuit funding for the family while they wait for the case to go to trial.

 An attorney may also be able to help others impacted by the accident. This includes business who lost income due to the accident, or residents who become ill due to a hazmat spill. A good attorney is beneficial when a truck accident happens.

This article is not intended for legal advice.

Additional Legal Resource: For more information on truck accidents please visit TruckAccidentLawyer.org

Personal Injury Lawyer and Divorce and Family Law: What You Will Need to Start a Case

What do you need to start a legal case? The answer to that would depend on the type of case you are talking about and what kind of attorney you would need. When you are looking at cases involving personal injury lawyer and divorce and family law, you are talking about the civil side of the law- which can sometimes be far less than civil. To start a case in any of these arenas, you have to consider this question first: do I really need to involve the courts with this? If the answer is yes, your case begins with the hiring of your attorney.

Once you have found the right attorney, you can then start building the case. For our example, we will use personal injury lawyer, Pete who is going to help Doug build a case against the trucking company that destroyed his minivan and nearly killed him in the process. To get started on his case, Doug will need the police report, the detailed accident report and any photographs that were taken at the scene. He will also need his doctor’s reports, x-rays, lab test results and the list of medications that he was prescribed at the ER. Doug will also be told to keep a list of any medical follow up appointments or treatments that he must make because of this accident. In addition, Doug will keep a diary about how he feels each day and what normal, daily activities that he finds himself unable to perform.

Pete will take all of the documents that he is getting from Doug and use them to compose an initial contact letter to the trucking company and their own attorneys and insurance agencies. From there, the need to proceed will be up to them. If they want to offer a settlement, Pete and Doug will decide whether it is fair and reasonable or if they would get more in a court case. If they accept the offer, the papers will be drawn up and signed and the case will be over with. On the other hand, if the settlement is not considered to be fair, they will refuse it and the case will continue to build.

During the course of all of this, Pete will encourage Doug to continue keeping up with his diary which he will mention to the other attorney whenever he contacts him. There may be a deposition, or a formal hearing that will allow the sides to meet face to face and get a feel for where the case is heading. After the deposition, another settlement offer will be made and if this one is refused, Pete will demand a trial date to be scheduled. At this point, the trucking company will probably make a bigger settlement offer and unless he really has something incredibly damning or he just likes the thrill of a trial, Pete will encourage you to take it.

This article is not to be construed as legal advice.

Additional Legal Pages: If you need further information on Family Law please visit AccidentLawyer.org

Truck Accident Compensation

Many accidents in the United States involve trucks. It is said that trucks are responsible for 130,000 injuries and 5,000 deaths each year. Our economy relies heavily on trucks for transportation of goods. Trucks are how all of our food, electronics, clothing, and other manufactured items reach retailers. If there were fewer trucks on the road, the economy would decline. Although this is true, trucks can be extremely dangerous to average vehicles due to sheer size and weight. A rig style truck or big truck is classified as any vehicle that has a weight of 10,000 pounds or more.

If you have been in an accident, make sure to contact a truck accident attorney right away. You will need to get started on obtaining the legal advice that you need to obtain compensation. Injuries that are received in a truck accident can be mild, moderate, severe, or even cause death. Injuries usually include but are not limited to conclusions, major trauma, broken bones, comas, cuts, severed limbs, emotional distress, and so much more. The victim has the right to recover compensation for medical bills, property damage, hospital bills, suffering, pain, emotional distress, and any life altering experiences. Sometimes a victim can receive punitive damages.

Punitive penalties are imposed by the court. These are meant to punish the defendant in hopes that they will never perform the same acts again. Truck drivers rarely experience injuries. They are pretty well protected by the vehicle they are driving. It is even more rare for a truck drive to die as a result of an accident with another vehicle. Trucks are 40 times heavier than other vehicles, causing great force on impact. The defendant can be the driver or the truck company. It depends on the situation. It can also be a marketer designer, manufacturer, retailer, or any place that has created or installed a defective part. You can always file a claim against multiple parties. Your truck accident attorney will help you make the decisions for this process. The United States Department of Transportation enforces an unsafe driving act.

These driving acts include merging improperly, inattentive driving, failure to stop, failure to slow down, unsafe speed, following too close, not driving safe in weather conditions, carelessness when changing lanes, not watching blind spots, unsafe turning, and more. These are considered in every accident case. This is looked at with all parties involved.  The victim’s driving will be assessed as well. It needs to be proved that you were not at fault in any manner.  If you are found to be at fault at least minimally, it will affect the outcome of your case.  The trucking companies will be trying to find some fault on your behalf.

It is imperative that you have a truck accident attorney that knows the truck accident laws.  The defense will have a case that may be based on many things that are untrue.  Companies have been known to tamper with evidence and documentation in order to win the case.

Additional Legal Information: The Truck Accident Lawyers of Gordon & Elias. Providing legal support for Massachusetts and nationwide.

Catastrophic Injury

Catastrophic injuries are injuries that require a large amount of medical care.  These injuries will almost always have long term permanent effects on the person’s life.  Some people are lucky enough to make a good to excellent recovery with the right medical care.  Many people will experience suffering, disability, and a shortened lifespan.  These people need compensation more than many people.  There situations are so extremely severe, that many times they are rendered totally helpless.

With catastrophic injury cases, you should seek services from an experienced personal injury law attorney.  Sepcifically, this attorney should have experience with catastrophic injury. A catastrophic injury can lead to a lifetime of medical care, or multiple surgeries. The right attorney will understand the healing process and what the victim has in their future. If an attorney understands the long-term effects of an injury, the attorney will be better able to argue for the compensation that is needed for the victim.  A solid case is of the utmost importance to get a victim exactly what they deserve.

When a person suffers a spinal cord injury, they often face lifelong injury and dependence on other people. An active person can suddenly become completely disabled, with injuries that cannot be treated.   While there is always hope of a future medical advance that will help to cure a spinal cord injury, a person still needs compensation for what they will be going through in the present and the future.  At this point, there is no guarantee that a person will ever improve after a spinal cord injury has occurred.

One of the true tragedies is that many people are catastrophically injured, but cannot recover what they need for their injury. Legislatures throughout the country have imposed caps on “non-economic” damages.  This causes compensation to be very low.  Jury verdicts are shown to be rare.  This leads to further under compensation.   Insurance companies have a tendency to misrepresent, so people don’t get the damage recovery that they need.  Any victim and family of a catastrophic injury case needs to get an attorney that is willing to fight very hard for  the rights and compensation that the victims and their families not only deserve, but need as well.

Statistically speaking, many of the worst drivers have the lowest insurance coverage or none at all. The amount of suffering that results from living a lifetime of severe injuries, is inconceivable.  The laws need to do more in order to make sure that people who suffer catastrophic injuries do not effectively lose their right to as normal of a life as possible.  They are injured by no fault of their own.  The laws need to work for the victims.

If you or a loved one faces recovery from a catastrophic injury, seek assistance from an attorney who has experience catastrophic injury and personal injury law.  The ideal attorney will know how to find every possible way to get the compensation that you deserve. Even if you don’t have a legal cause of action, an attorney can help you obtain government benefits.

This article should not be construed as legal information

Related Legal Site: If you would like additional information on catastrophic injury please visit TampaPersonalInjuryLawyer.org

When Being Faced With a Defense Medical Examination

Many times an insurer will request a medical examination.  This is a right that is grated by the court.  The physician who conducts the physical may be present to testify at your trial.  This is not uncommon in an insurance defense case.  Any findings are admissible in court.  You must take caution during the examination, because anything you say is also fair game for the trial.  Be careful when talking about how you were injured.  Don’t over explain the extent of your condition.

Because of the sensitive manure that occurs with a defense medical examination, it is important that you know some dos and don’ts to be aware of.  Make sure to arrive on time.  Be patient if you are requested to wait.  Be honest when describing your injuries and answer any questions to the best of your ability.  Make sure to look at any documents given to you.  In this case, do not sign anything that has not been reviewed by your attorney. This is for your own protection and your rights in the courtroom.  Answer what is asked of you.  Be direct and don’t answer with any more information than you have to.  This doctor has been hired y the defense to work against your case.  Remain calm and polite.  If you become angry and impatient, the doctor may be negatively influenced by you.  Always take note of now long the exam took

Under no circumstances should you become angry or try to argue your side of the case.  Do not refuse to answer any medical related questions. This is all the doctor is permitted to ask.  If any questions are not appropriate, just politely state that your attorney will answer any of those questions.  Respond accurately to the doctor.  Don’t say that everything hurts.  The doctor is often asked to document how you react to pain.  You don’t want it to look like your responses are exaggerated.  Under no circumstances should you volunteer information.  This will be used by the defense litigation attorneys to come back at you.  Don’t question the doctor’s credibility.  This is the job of your attorney during the trial.  Never use legal or medical terms.  Never try to guess what the physician will ask.  You may end up showing inconsistency.  It is ok to say you do not know if the doctor asks something that you can’t answer.

The insurance defense has the right to have these examinations take place.  By following the steps above, you will be giving the defense their right.  You will also be protecting yourself against undue challenge during the trial.

Make sure that you have an attorney who is experienced in the area of insurance defense law.  You will be going up against major insurance companies who are not working in your best interest.  They are working to discredit your case.  Your attorney will help you build the solid case that you need to get the recovery that you deserve.

This article should not be construed as legal advice.

Website Resource: The Personal Injury Attorneys of the Snyder Law Group. Serving Lakewood Ranch and Bradenton, FL.

Personal Injury Due to Medications

Drug injury cases can be hard to prove.  Cases are highly technical and require a personal injury attorney that can back you.  Drug injuries are often subject to many legal technicalities.  This makes them very complicated and hard to win.  Difficulty depends on the type of drug that caused the injury, and where the injury stemmed from.

Cases due to drug injury fall into two different categories.  The first category has to do with the design of the drug.  This makes it a product liability.  The second has to do with improper implementation of medication.  This is the case when medication is given in the wrong dosage, prescribed inaccurately, or in the cases where the wrong drug is given.

If you are dealing with a defective drug, the plaintiff needs to seek recovery from the manufacturer for damages.  Most of these cases are caused from drugs being released too early to the public before all side effects have been thoroughly studied.  These cases require an experienced attorney.  The defendants in this case will have many attorneys with unlimited resources.  It has been found that many of the companies will tamper with results to avoid paying any recovery.  These cases require the right representation.  Make sure to find an attorney that specializes in these cases.  Many firms will claim to take such cases.  Once you sign a contract, they will subcontract your case to a larger firm.  This can get very confusing and important aspects of your case can be lost.

Next, we will look at improper drug implementation.  At this point, you will be dealing with doctors or pharmacists.  You may have gotten the wrong drug or the wrong dosage.  The pharmacist as well as the doctor can make the same error.  This is considered medical malpractice.  These cases are extremely difficult.  Many legal statutes have been added to the legal system throughout history.  Lawmakers try hard to protect doctors from frivolous lawsuits. There is nothing wrong with this in itself, but it put a cap on the amount that a doctor can be sued for.  So, although this is good for doctors, personal injury victims are punished with these laws.

These cases require a very high standard of proof.  An attorney needs to be experienced enough to prove that the accident is serious enough in the eyes of the court to become a lawsuit.  Many scenarios that would have easily gotten compensation now are looked at from every angle possible.  Many attorneys will no longer take these cases.  Make sure you find someone in the area who has experience.  An attorney needs to go in with a fearless attitude.  People who suffer injuries due to medication and drug error deserve to be compensated.

If you have been harmed due to a certain drug, you deserve a personal injury lawyer who can back you up and get you the compensation that you deserve.  Do not back down when you know you are in the right.

This article is not intended as legal advice.

Additional Legal Information: Please visit http://www.orlandoinjurylawyers.com

Personal Injury: Dog Bites

Dog bites are often not expected by the victims or the owners.  A dog that has never bitten can become frightened and over protective.  It then bites you or a member of your family.  The number of dog bites has reached record high proportions in the United States.  If you are bitten, you need to protect your rights as a victim.  Laws pertaining to animal behavior not only vary from state to state, but city to city as well.

Some states have passed very strict, laws, while others have not. Some states only hold an owner liable if they knew or suspected that their pets would bite.  Although this is true, you do have rights as a dog bite victim.  You do have the right in many states to kill a dog during an attack if necessary.

Make sure to get al information from the owner and any witnesses if you are attacked.  Make sure to seek medical attention and save all information.  If you do not know who the dog belongs to, call the authorities in order to have the dog contained.  Obtain all records about the dog from the owner.  Make sure to take photographs of all injuries that you received during the attack.

One unfortunate fact is that repairing dog bite wounds is considered cosmetic.  Insurance will not cover this.  In order to not pay out of pocket, make sure to file your claim as soon as possible.  Dog owner can be held responsible for your medical bills, lost income, and emotional pain and suffering.  Sometimes a dog owner’s insurance company may cover your costs if the incident occurs on their property.

If you are a victim of a dog bite, you need to seek the advice of an experienced personal injury attorney.  They need to be aware of the dog bite laws with your specific area.  They will be the does that will help you protect your personal and financial well-being.

An experienced attorney can help you collect any mandatory legal-medical documents from a plastic surgeon. Your attorney will help ensure that all future surgeries will be covered by your insurance plan.  If this is not done, you will be paying out of pocket.

If you try to represent yourself, chances are you will not be successful.  You need to know how to work with the legal system and your insurance company to help get compensation.

Don’t let a dog bite ruin your life and financial situation.  Find an attorney right away that can help you stand up for your rights and make sure that your medical bills are paid for.  Many dog bites occur due to owners who are careless.  Many people train their dogs to protect or be overly aggressive.  Some dogs end up running loose in the streets.  You should not have to pay for someone else’s negligent pet handling.  Many people have dogs that have been never bitten.  Even though it is hard to blame the owner, you still deserve compensation for your injuries.


Additional Legal Site:  For information on dog bites in Boca Raton, FL visit FloridaInjuryLawyer.org.