Archive for the ‘Uncategorized’ Category
Insurance Bad Faith Claims and False Promises
CNN’s Anderson Cooper aired a piece on auto insurance companies’ practices that confirmed what I’ve seen while practicing as a personal injury lawyer. Anderson talks about insurance companies’ underhanded ways of “covering” clients. Insurance companies like Allstate and State Farm are adopting cold, often harsh policies and practices in hopes of smaller walkaway settlements. Their tactics – DELAY, DENY, DEFEND!
Many insurance companies have developed a strategy to increase profits by concentrating on cases they consider to be “small tissue injuries;” slightly damaged vehicles and injuries to people which are not easily seen by the average eye or medical equipment (sometimes called soft-tissue injuries). The negative reputation of American capitalism only grows when clients learn that these companies spend more time researching the victim’s past injuries as a possible way to avoid honoring their insurance policies rather than taking time to adequately examine the victim and disprove the case on the merits. These companies are supposed to take care of us and be on our side – that’s why we pay them thousands of dollars each year in premiums. We’re all familiar with the insurance companies’ commercials that portray picture perfect family connections between them and their clients. Their attempts at delaying settlement decisions, denying injuries, trying to prove a case of fraud, and then ultimately dragging out cases in court in an effort to pressure injured persons to settle for less than the full value of their damages and injuries contradicts everything they claim to “stand for.”
Fortunately, insurance bad faith claims provide a way to level the playing ground for injured victims. Bad faith claims allows a person injured in a car wreck or other type of accident that is covered by insurance to seek punitive damages from insurance companies that are not honoring an insurance claim in good faith. Punitive damages are meant to punish and are in addition to other damages you may be entitled to such as lost wages, pain and suffering, and payment for medical treatment. If you think you’ve been treated unfairly by your insurance provider, I suggest that you contact a personal injury attorney as soon as possible.
Can You be Compensated if You’re Partly to Blame for Your Car Accident?
Is the modified comparative negligence doctrine the best approach?
Uninsured/Underinsured Motorist Coverage: Are You and Your Family Protected?
Your general liability auto insurance coverage may protect others if they’re injured in a car accident involving you or you car. General liability coverage may also help protect your money and other assets in the event your sued. However, that type of coverage won’t compensate you and your family if you’re injured in an automobile accident caused by another driver.
To adequately protect you and your family from another driver’s negligence or other wrongdoing, you’ll need uninsured and underinsured motorist coverage. The purpose of this article is to help you determine how to adequately protect yourself with uninsured and underinsured motorist coverage.
It is important to note that in the state of West Virginia uninsured motorist coverage is required. However, the required policy limit is only $20,000, which often doesn’t even cover the cost of medical care often necessary in the event of a serious car crash. Underinsured motorist coverage is not required but necessary.
What is Uninsured and Underinsured Motorist Coverage?
An uninsured driver is someone who did not have any insurance, had insurance that did not meet state-mandated minimum liability requirements, or whose insurance company denied their claim or was not financially able to pay it. A hit-and-run driver also counts as uninsured as it relates to bodily injury. In this case UM coverage will pay for your damages.
An underinsured driver is someone who met minimum legal financial responsibility requirements, but did not have payment limits high enough to cover the damage they caused. This pays you for damages that exceed the payment limits carried by a driver who is considered underinsured. UIM will only pay up to the limits of your policy after subtracting the amount paid by the other driver’s insurance. The amount listed as your UIM limit is the total amount paid by both insurance compaines, not the additional amount your company will pay after the other driver’s company pays.
Both UM and UIM apply to you, passengers in your car, drivers of your car, and to others listed on your insurance policy. It is important to note that UM and UIM are seperate in regards to West Virginia.
Why Would You UM/UIM Coverage?
If you get into an accident with someone who is driving without insurance, it will be tough to be made financially and physically whole again with only $20,000 in state mandatory UM coverage. Medical bills associated with serious automobile accidents often exceed $20,000, which would leave you nothing to compensate you for missed work and lost wages. If you suffered a catastrophic injury as a result of an uninsured driver, $20,000 would do very little to help you and your family.
It is usually relatively cheap to add UM/UIM to your car insurance policy, especially considering the amount of protection it offers: paying your medical bills, lost wages, and pain and suffering.
I will continue this discussion with “sub-groups” of UM and UIM that address bodily injury and property damage next week. I will also share some examples to illustrate just how important uninsured and underinsured motorist coverage is.
Wills For Heroes
The Young Lawyers Section of The West Virginia Bar, headquartered in Charleston, West Virginia, has created a Wills for Heroes program for our fire fighters and police officers who put their lives on the line for us every day. Volunteer attorneys draft wills, medical power of attorneys, and durable powers of attorneys for first responders for free – see, lawyers are not all bad:-). Statistics show that many folks do not have wills or any other form of estate planning.
When a loved one dies without a will, a tragic loss becomes even more difficult for survivors to bear. Creating a will is a way to continue to offer support to our loved ones after we are gone. There are a number of reasons why many resist creating a will, including facing the difficult prospect of death and fearing that a lawyer will cost more than they can afford. Wills are generally not that expensive, and fortunately, for our police officers and fire fighters, an attorney will prepare their will at no charge.
The contact information of attorneys on the Excutive Committee of the Young Lawyer Section of the West Virginia Bar can be found at www.wvyounglawyers.com/executive_committee.html. Feel free to contact them for more information on this wonderful program for our local heroes.
West Virginia Lawyer Information Service and Free Attorney Help
West Virginia Lawyer Information Services in Charleston, WV, offers free legal advice on a weekly basis. Volunteer attorneys of The West Virginia State Bar operate a toll free hotline on Tuesday nights between 6 and 8 p.m. at the State Bar Center. The toll free attorney hotline number is (800) 642-3617.
West Virginia Lawyer Information Services can be helpful in a number of situations. For example, if you have suffered an injury or are the victim of an accident, sometimes it’s difficult to find a personal injury lawyer who will take your case if your injuries and damages are very small. This lawyer hotline could be helpful if that is the case. However, I would also be happy to offer you a free initial consultation regardless of how small your injuries are. If I think you would be better served handling the claim yourself, I will advise you so.
Some other examples of when to take advantage of the free legal advice provided by the West Virginia Lawyer Information Services is if you think you may have a legal issue but are not sure. A wise lawyer once told me, if somebody, some company, or the government did something to you that would make a jury mad, you probably have a case. Of course, the law and good sense imposes some limits on that statement, but those are generally wise words to follow. Additionally, some legal issues that don’t involve personal injuries, such as those involving landlord/tenant disputes, sometimes don’t justify the expense of hiring a lawyer. In such cases, this service can help.
In summary, the West Virginia Lawyer Information Service in Charleston, WV is a fine service provided by the State Bar and its volunteer attorneys. And best of all it’s free! See, us lawyers aren’t all bad:-) And again, if you’ve been injured in West Virginia, I’d also be happy to give you a free consultation. Please click here to request a consultation.
Hope for Brain, Spinal Cord Injuries
As a West Virginia lawyer representing people with brain and spinal cord injuries, I am always seeking new treatment options that offer clients hope.
A new study at Children’s Hospital of Boston shows that deleting a gene that suppresses natural growth factors enables regeneration of injured nerve fibers (axons) in mice. Researchers found that suppressing the SOCS3 gene, an inhibitor of a growth pathway called mTOR — resulted in vigorous growth of axons and reactivation of nerve pathways.
Axons are an integral part of nerve cells (neurons). The functions of the brain and spinal cord, also known as the central nervous system, is of course primarily made up of neurons. This study suggests that the body’s inability, or unwillingness, to regenerate injured nerve fibers may be more closely linked to genetic factors, which can be manipulated, rather than some inherent, physiological limitation stemming from the complexity of the nervous system.
Clinical treatment of humans with this genetic therapy may be a ways off, but it sounds promising and gives people with brain and spinal injuries hope.
Cell Phones and Accidents – Drivers and West Virginia Lawyers Beware
Numerous studies show cell phones are a leading cause of car accidents. One such study estimated that drivers talking on cell phones are four times more likely to be in a car wreck. According to a Harvard University study, cell phones cause over 200 deaths and half a million injuries each year.
Many states have enacted laws limiting or prohibiting cell phone use while driving. For example, some states require that a hands-free device be used while driving. However, West Virginia does not have any state-wide cell phone laws. In fact, it’s perfectly legal in West Virginia to drive while text messaging or even emailing on a Blackberry or iPhone. That’s pretty scary considering many of us have problems sending an email from the comfort of our home or office.
Despite the fact that West Virginia has no state-wide cell phone laws, there can still be serious legal consequences for driving in West Virginia while talking on a cell phone. For example, if you’re involved in a car accident and one of the drivers was talking on a cell phone, you may be able to present evidence of that fact to the jury. Evidence of that the driver was using a cell phone while driving may help prove the driver’s negligence and win your case.
Cell Phone Records
The issue then becomes how to prove the other driver was talking on a cell phone at the time of your car accident. One of the best ways is use the other driver’s cell phone records. Cell phone records show the date, time and duration of all calls made or received from a cell phone. Of course, the same legal rules apply to you if you decide to use a cell phone while driving.
Thus, to protect your legal rights and most importantly your life, you may want to think twice before driving while talking on a cell phone. If you decide that you must use a cell phone while driving, you may want to consider a hands-free device. If you’ve been injured in an accident and would like more information about how to obtain and use cell phone records to win your personal injury claim, CONTACT me.
Note: Although West Virginia has no general state-wide cell phone laws, West Virginia – thankfully – does prohibit drivers with learner’s permit from using a wireless communication device while operating a motor vehicle (except in an emergency).