Personal Injury
That Never Happened Before – Defense to an Accident Case?
Something happens. There’s an accident. Someone runs out and says “that never happened before.” Even after the injuries are treated and the accident is reported to higher-ups in management or an insurance company, this phrase is often repeated as if to say, we did nothing wrong, it’s your own fault. […]
Photo and Video Evidence: Always Allowed in Court?
Photographs and video present some of the most effective evidence possible in court. In the dark ages of photography it took a small investment to buy or rent video equipment. But now, almost everyone has a basic camera at their fingertips through a cell phone. So, it’s hard to imagine […]
Can Private Facebook And Other Social Media Posts Be Ordered Open If I’m In A Personal Injury Claim or Lawsuit?
You have a personal injury case. You’re claiming the injuries prevent you from enjoying many of your pre accident activities. The insurance company asks you about those pictures of you running on the beach on vacation. The picture of you dancing at a party. Insurance companies monitor Facebook, MySpace […]
Reserves And How They Reduce an Injury Claim
When new claims are reported insurance companies set something called a reserve in the process of setting up a new file. The reserve establishes the estimated value of the accident claim. Required as an accounting procedure, reserves enable insurance executives to estimate the company’s total potential losses. From an accounting […]
Does Open and Obvious Defense End an Injury Claim?
Open and obvious dangers present themselves every day. Cliffs or holes beside a road or walkway. Construction debris. The shallow end of a swimming pool, where reasonable people would never dive head-first. But in an injury claim where an insurer says the danger was open and obvious, does that end […]
How Do You Prove Lost Wages After an Accident?
Recovering lost wages after an accident or injury is not always simple. Sure, if the person injured had regular wages for a period of time before the accident, getting lost wage verification might be all that’s required. But, what about the self-employed, or those who just started a new business […]
Is There Tax on Personal Injury Settlements & Awards?
Generally speaking in a typical car accident settlement or slip and fall case the answer is no. The IRS excludes from taxable income damages received on account of personal physical injuries, whether by suit or settlement. Also excluded from taxable income are amounts received under workers compensation laws for injuries […]
Slip And Fall Cases: What Is Mode Of Operation Law?
Slip and fall accident cases present a challenge in proving that the property owner knew or should have known about the hazard that caused the injury. The injured person always bears the burden of proof. The burden traditionally required the injured person to prove that the property owner either caused […]
Children Drawn To Danger: What Is The Attractive Nuisance Law?
Attractive nuisance laws describe hazards so fascinating to children they lure kids in. Serious injuries can result. Unguarded pools top the list of attractions irresistible to children yet potentially fatal. Curiosity thrives in children. They’re drawn to danger. Hazards irresistibly attract children while presenting hidden dangers. Abandoned refrigerators, holes in the ground, […]
HEALTH PLAN LIENS ON PERSONAL INJURY CASES
Health insurance companies that pay medical bills after an accident want their money back if there is a settlement, judgment or other monetary recovery by the injured person. Call it a right of recovery or a “lien”. They want their money back. In an earlier era such issues were often […]
