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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Negotiation Personal Injury Claims

Negotiation of Personal Injury Cases

Negotiation presents a key opportunity in every legal matter.  The reality is that 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 [...]

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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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Free Legal Blog

150 Legal Blog Posts: Injury Law, Bankruptcy, Drones & More

The Law Offices of Andrew D. Myers announce that we have now posted 150 blog articles.  This milepost indicates the sharing of legal basics, the highlighting of legal trends and analysis of breaking new case law. Many of our legal blog posts focus on our two primary practice areas, personal injury and bankruptcy. But the office legal blog also explains [...]

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How Unfair and Deceptive Claim Settlement Drags Out The Process

What Are Unfair and Deceptive Insurance Practices?

January 9, 2002, a Massachusetts woman sustains catastrophic injuries including permanent paraplegia when a tractor trailer hits the rear end of her car.  Ten years later, after what one judge called a legal odyssey including unfair and deceptive acts by an insurance company, she was awarded $22 Million. The 46 year old woman stopped for [...]

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