Tag: personal injury attorney
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 […]
Injury Claim Handling: Hidden Pieces, Unknown Dynamics
Injury claim preparation requires piecing together many elements, some of which aren’t immediately obvious. Imagine a puzzle, but some pieces are hidden. Think about it. The furnace makes loud noise. Most homeowners won’t attempt to fix it. You need to fly cross country. Will you tune up the jet engines and pilot the aircraft yourself? Many jobs require expertise. […]
Burden of Proof: How Much Evidence is Enough?
Burden of proof measures the level of evidence that must exist to prevail in a legal matter. Anyone making a claim bears the burden of proof. People bringing personal injury claims may have been injured, but in court they bear the burden of proof. Prosecutors seeking to convict those charged […]
OPTIMIZING PERSONAL INJURY CLAIM VALUE. Stepping it Up
Life is a learning experience. But sometimes, making mistakes along the way hoping to learn isn’t the best approach. Instead, if you’re serious about something, you hire a professional. Would you get on a jetliner knowing the person in the cockpit had no training and wanted to learn to fly […]
Confidentiality Agreements in Personal Injury
Confidentiality agreements in personal injury settlements are often proposed by those who have been sued. Such agreements can be enforced, even if it is a bad idea. Confidentiality provisions require non-disclosure of the terms of the agreement, or sometimes even to the fact of settlement itself, by the parties. Such […]
MITIGATION OF DAMAGES IN PERSONAL INJURY
No one expects a person seriously injured in an accident to run a marathon or to bench press 500 pounds soon after the injury. At the same time, the legal concept of mitigation of damages requires those injured to make reasonable best efforts to get back on their feet. […]
Discovery in Civil Litigation
A “search for the truth” is the idea behind the discovery phase of civil law suits. Hollywood keeps movie viewers in suspense, telling a tale but holding back on a final nugget of truth until a secret witness shows up in court at the end revealing “the truth”. Forget all […]
Products Liability: Personal Injuries Caused by Defective Products
Products liability cases present horrifying facts: A power wrench explodes throwing metal pieces into an auto mechanics face, causing partial blindness. The transformer block on a new telephone answering device short circuits, sparking a home fire. A breast implant ruptures, leaking fluid into a woman’s body, causing cancer. These actual […]
Cell Phones and Accidents: Is Legal Cell Phone Use Negligence?
Motor vehicle accidents happen more often than not due to driver inattention. Jabbering on the cell phone, texting, eating, drinking, turning to communicate with passengers, daydreaming and many other distractions reduce driver attention. Unfortunate but true, tragedies like this are not uncommon. More people are using phones every day as […]