Tag Archives: accidents
Piecing it Together

Injury Claim Handling: Hidden Pieces, Unknown Dynamics

Injury claim preparation requires piecing together many elements, some of which aren’t immediately obvious.  Imagine a puzzle, but some pieces are hidden. Think about it.  The furnace makes loud noise.  Most homeowners won’t attempt to fix it.  You need to fly cross country.  Will you tune up the jet engines and pilot the aircraft yourself?  Many jobs require expertise. Legal matters can look like a pile [...]

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SNOW AND ICE PERSONAL INJURY CASES

Snow and ice cases, where injuries are claimed for a slip and fall, present unique issues. A slip and fall on slippery snow or ice can cause serious injuries. But, the happening of an accident and injuries does not automatically entitle the injured person to a recovery.  Fault must be established on the part of the property [...]

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LIENS ON PERSONAL INJURY CASES

Like locks on a gate, liens prevent final settlement of personal injury cases until they are addressed.  Government liens, private liens, statutory liens and others lock down settlement until dealt with. Medicare & Medicaid Liens Medicare & Medicaid, by statute, have liens on injury cases where accident related bills have been paid.  Acceptance of these [...]

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Independent Medical Examination

Independent Medical Examination in Personal Injury: the “IME”

Independent Medical Examination is anything but independent.  The exams, also called an “IME” are also not medical examinations in the sense of a physician performing an unbiased examination seeking clinical findings for the purpose of healing. IMEs are set up by insurance companies solely for insurance company purposes.  So, the correct term should be ‘Insurance Examination’.  [...]

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causation

PERSONAL INJURY: CAUSATION AND NEGLIGENCE

An unbroken chain must connect cause-and-effect between an accident and an injury in any case.  It may seem obvious.  But, causation is a fundamental element underlying every claim of negligence.  As the question below shows, the critical legal element of causation must never be overlooked: Attorney Myers: My wife had a trial in an accident [...]

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Personal Injury Reasonable Man Standard

PERSONAL INJURY: Reasonable Person Standard

Negligence happens when a person does one of two things: Fails to do something that a reasonable person would do, guided upon those considerations which ordinarily regulate the conduct of human affairs; or Does something that reasonable person would not do. Common law evolves slowly.  The reasonable man concept is burned into legal history.  However, [...]

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Post settlement problems

PERSONAL INJURY: Can Case be Reopened After Settlement?

Question: When symptoms come back years after an accident is it too late to file a claim?  My niece was in a car accident four years ago and broke her neck.  She received a settlement check and her medicals bills were paid.  Now, she is experiencing renewed pain and she doesn’t have health insurance.  Can [...]

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Injury Do It Yourself

Injury Cases: 10 Reasons Not To Do It Yourself

10. Notice Provisions Many people understand statutes of limitation.  These laws prohibit bringing a case after a certain period of time expires.  But, notice provisions in some types of cases require proper legal notice soon after an injury takes place, sometimes 30 to 60 days.  If proper notice is not given the case dies.  Saying “they knew” fails [...]

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torts

PERSONAL INJURY: Negligence Law & “Torts”

In the law, the word “tort” means a civil wrong.  Latin play less of a role in the law as in previous eras.  But, the word tort comes from “tortum” or “tortus” meaning injury. Personal injury law in its purest form is taught as “Torts” in law schools.  The most common torts involve negligence.  Negligence [...]

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Insurance Claims

WHY DO PERSONAL INJURY INSURANCE CLAIMS TAKE SO LONG?

It can take a long time for an injury claim to crawl through the insurance claims handling process.  The maze of the insurance claim handling process frustrates injured people waiting for full fair settlements, but also attorneys wanting a satisfied client and a closed file. Why does it take so long? Medical Review After documentation of the injury is submitted, insurance [...]

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