Uninsured Motorists & Underinsured Motorists

Uninsured Motorists: Car Accidents with the Uninsured & Underinsured

If you’re in a car accident due to someone else’s negligence, chances are 1 in 7 the other person lacks car insurance. Nationally, up to 14 % of all cars on the road are not insured.  That statistic comes from the Insurance Research Council. As many as 28% fail to insure their cars in Mississippi, [...]

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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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When Collection Activity Violates Bankruptcy Discharge

What is a Bankruptcy Discharge Violation?

  When a bankruptcy petition is filed, an automatic stay goes into effect immediately, ordering a stop to all collection activity with the force of a federal injunction.  Later, when the bankruptcy court issues a discharge, the legal obligation to pay the debts terminates. Bankruptcy stops collection activity. But what if the creditor fails to take [...]

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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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