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 [...]

Leave a comment Continue Reading →
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 [...]

Leave a comment Continue Reading →
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 [...]

Leave a comment Continue Reading →
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. [...]

Leave a comment Continue Reading →
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 [...]

1 Comment Continue Reading →
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 [...]

Leave a comment Continue Reading →
When Property Dangers Cause Injury

Property Dangers: Premises Liability

Stairways in deplorable condition cause injuries.  But believe it or not, insurance companies vigorously defend property owners who allow outrageously dangerous conditions to exist. The stairway shown here caused ankle, back and foot injuries when a tenant, attempting to go around the obvious defects in the stairway, was thrown to the ground by what looked [...]

Leave a comment Continue Reading →
workers compensation double compensation

Workers Compensation – Double Compensation

Workers compensation laws provide benefits to employees injured on the job.  State statutes and regulations define the benefits.  For example, those totally disabled by a work related injury receive a weekly workers compensation benefit of 60 per cent of their pre injury average weekly wage. In rare cases, if the injury is due to serious and [...]

Leave a comment Continue Reading →
Delay, Deny, Defend

DELAY, DENY, DEFEND Insurance Companies & Claims Handling

Delay, Deny, Defend: three tactics employed by much of the insurance industry in aggressively fighting insurance claims. Delay, Deny, Defend is the title of a book whose author, Jay M. Feinman, documents how the tactics are used by insurance  companies to bash personal injury claims, homeowners and other claims.   Personal Injury Claims Insurance companies [...]

Leave a comment Continue Reading →
Are Texts Admissible in Court?

Texts as Evidence: Electronically Stored Information in Court

Are text messages admissible in court?  After an accident the other driver admitted she wasn’t paying attention.  In a text later the driver said she was sorry, that she’d been on the cell phone, and offered to pay outside of insurance.  Now that her insurance company is involved she denies everything.  Is the text admissible [...]

Leave a comment Continue Reading →