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Toxicology Expert Testimony

Expert Testimony: Toxicology

The sun rises in the east and sets in the west.  Simple.  But any time any scientific principle much more complicated that that is introduced in court, it must generally be supported by expert testimony. For example, to contest the results of a breath alcohol reading, one needs an expert who knows the basic principle [...]

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What are Insurance Claim Secrets

Insurance Claim Secrets Revealed

Insurance Claim Secrets would be nice to know for anyone who has suffered a loss. Insurance Claim Secrets Revealed is the title of a book authored by an insider who spent decades inside the insurance industry. Insurance Claim Secrets & The Wizard of Oz Early on, the author compares the insurance industry to The Wizard [...]

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Classic negligence: The Truth About the McDonald's Hot Coffee Case

The Truth About The McDonald’s Hot Coffee Case

The McDonald’s hot coffee case lives in legend, standing to many as an example of ‘frivolous’ law suits.  Yet those who hold such opinions have never let the actual facts stand in the way of their attack on the case and the civil justice system. The truth about the McDonald’s hot coffee case shows textbook negligence. The [...]

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How Car Accident Claims Can Take So Long

Car Accident Claims Are Simple, Right? How Can There Be Hidden Perils?

Car accident claims raise challenges far beyond the deceptively simple claim forms insurance companies send. Those injured often think it unnecessary to retain a car accident lawyer.  The forms are so simple.  The adjuster is so friendly.  Insurance websites sometimes show the claim process as a simple fill-in-the-blanks exercise simple as “ABC”. Hiding behind the simple pretense though lurk several decades [...]

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Different Courts Handle Variety of Disputes

Why Are There So Many Courts? Where Do I File A Case?

Courts exist in many varieties, matching the multiple types of disputes that people have.  Personal injury attorneys have a duty to diligently pursue a client’s best interests, meaning selecting the optimal court is critical. Federal Courts Federal courts are courts of limited jurisdiction, handling only those cases specified by federal statutes.  Federal courts handle two [...]

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Adversarial System

Adversarial System of Law & Personal Injury Claims

The adversarial system of law in the USA depends on legal advocates with opposing views battling it out.  A neutral party, a judge, a jury a mediator or some other entity makes the final call.  The issue of whether this works requires anyone getting involved in the system, even in what might look like a [...]

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Why Negotiation Requires Preparation

Negotiation of Personal Injury Cases

Negotiation poses a key opportunity in every legal matter.  Many or most cases settle before trial.  Enlightened negotiation skills increase the likelihood of acceptable final results. Basic skills are the same but we focus here on negotiating personal injury claims. Know Your Case Before Negotiation In a personal injury claim knowing the case brings special challenges.  Do you have [...]

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What is an insurance Low Ball?

What is an Insurance Low Ball?

Low balling is defined by the courts as insurance companies offering much less than cases are worth in situations where liability is either clear or highly likely. Here’s the dictionary definition of a lowball: “Low ball: to trick or deceive …  to give a markedly or unfairly low offer …”. – Merriam Webster Dictionary A Princeton [...]

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Insurance Exclusions

Insurance Exclusions: When is a Comma Worth One Million Dollars?

Insurance exclusions take away coverage for damages you might otherwise think are covered in an insurance policy.  Insurance exclusions often appear as a clause in an insurance policy that eliminates coverage for specified events.  For example, homeowner’s policies often exclude coverage for flood damage. Simple, right? Anyone actually sitting down and reading insurance policy language knows it [...]

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Unfair and Deceptive Practices in the Business of Insurance

Unfair and Deceptive Practices in the Business of Insurance: An Update

A pedestrian accident caused serious permanent injuries including a skull fracture.  But the pedestrian’s claim met aggressive defense by insurance companies, tactics held by a court to be unfair and deceptive practices in the business of insurance. A Massachusetts Superior Court actually reconsidered and increased its initial penalties.  In Anderson v. American International Group, Inc., et al. [...]

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