Our Newsletter

INSURANCE COMPANY BAD FAITH

Most of us carry insurance--on our homes, our cars, our lives. The insurance company that sold you the policy probably tried to tell you that it was selling peace of mind. You make your payments every month, and then when you finally do have a claim--surprise--it is denied. Sometimes, the denial is proper because the claim truly is not covered. Sometimes, however, the denial is improper, and the claim you have made really should be covered by the insurer. What then?

The answer is that you may have a claim against your insurer for an improper claims practice, or a "bad-faith" claim as it is commonly called. Bad faith by an insurance company can occur any time an insurance company refuses to honor a legitimate claim by someone it insures. Examples of bad faith include misrepresenting facts regarding coverage, not attempting to come to a prompt and fair settlement of a claim, forcing an insured to sue by making "lowball" offers, and neglecting to investigate the facts to determine whether a claim is covered or not.

There are laws that prohibit improper claims practices by an insurer, but, like all laws, they are not always followed. In fact, insurance companies test the limit of the law every day, counting on the fact that the person with insurance is unlikely to go talk to a lawyer and find out his or her rights. The reason for this is simple: Every time that the insurer does not pay a claim it should have covered, the insurer profits.

So how do you protect yourself? First of all, an insurance adjustor is not your friend. Once you make a claim that could subject the insurer to liability, the adjustor is usually focused on keeping the size of the payout as small as possible. Be aware that most insurance adjustors are not lawyers, and even the ones who are lawyers are not always correct when they say a claim is not covered.

No matter what the adjustor tells you, talking to a lawyer is a good idea. A lawyer works for you, and he or she will be able to tell you whether the claim is covered or not and whether the settlement offered is fair. Adjustors may tell you that the expense of consulting a lawyer and the time it takes to pursue a case through the courts mean that you should take what is being offered right now. Remember: The adjustor is not looking out for your best interests, and the "advice" not to talk to a lawyer is intended to discourage you from finding out the facts.

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Thank you for choosing our firm for your legal needs. We hope that you will continue to count on us when you need legal help. We are just a phone call away.

We also appreciate the trust that you have placed in us by referring your friends, family, and associates to us for legal services. Thanks!

SEVERE INJURIES CAN OCCUR AT CHILDBIRTH
Pregnancy and childbirth have inherent risks and can result in complications and injuries to the mother and the child. All injuries suffered during birth are devastating, but some are the result of mistakes made by health-care providers. You may have a legal claim for damages for yourself and your child if a doctor or other health-care provider:

• Fails to adequately monitor the mother's or child's condition;
• Fails to choose appropriate procedures and treatment;
• Fails to adequately diagnose and treat risks and complications;
• Fails to consult specialists when necessary; or
• Fails to obtain your informed consent prior to treatment.

Birth injuries reportedly occur in 27 of 1,000 live births. One major cause is oxygen deprivation, which commonly happens when the umbilical cord is compressed or twisted during birth. Another cause is trauma that may occur when a baby moves into an unusual position during the birthing process. Common birth injuries include brachial plexus palsy, cerebral palsy, Erb's palsy, Klumpke's palsy, skin irritation, temporary paralysis, brain damage, and fractured collarbones.

Physicians and health-care providers are obligated to treat patients with reasonable competence, and they commit malpractice when they are negligent in their treatment or when they have otherwise departed from accepted standards of medical care. If that negligence injures you or your child, you may have a legal claim.

When a doctor commits malpractice, you can recover damages not only for physical injuries but also for economic damages, such as medical expenses, loss of income, and loss of value of services provided. Other kinds of noneconomic damages may be available, such as money awarded to compensate you or your child for physical or mental pain and suffering, disfigurement, or physical impairment. Of course, the amount of damages varies depending on the severity of the injury and on the circumstances of each case.

A qualified lawyer can determine whether you have a claim for medical malpractice by hiring medical experts, by studying the medical records, and by determining whether your physician or health-care provider deviated from the applicable standard of care. If you are the victim of malpractice occurring during the birth of a child, you must file your claim in a timely fashion or else lose your right to do so. Because birth injury cases are complex, it is important to contact our firm AS SOON AS POSSIBLE to protect your rights.

CASE BY CASE
Cold Remedy Caused Stroke
The possible dangers presented by certain prescription medications seem to be constantly in the news, but a recent case reminds us that even nonprescription medicines may not always be safe. A suit was brought by a 33-year-old man who had taken Alka-Seltzer for three days to treat a cold. He had a stroke, and experts testified that the stroke was caused by phenylpropanolamine (PPA), a decongestant that is found in Alka-Seltzer.

The man's doctor testified that PPA had been associated with an increased risk of stroke, a claim that Bayer (the maker of Alka-Seltzer) denied. The jury ruled in favor of the plaintiff, determining that Bayer had made a dangerous or defective product despite there being safer alternatives available. The jury awarded the plaintiff $400,000 in damages. Bayer's case was likely not helped by the fact that it voluntarily removed Alka-Seltzer containing PPA from the shelves in late 2000, and has since removed PPA from Alka-Seltzer.

Although not a huge amount of money for a large drug company, the verdict could signal bad news for Bayer in other suits. This case was the first of over 1,100 PPA suits against Bayer to go to trial.

NEW RULES AFFECT CHECKING ACCOUNTS
Checking account transactions are such a widespread part of our lives that consumers of banking services are well advised to become acquainted with major changes affecting banking laws. Federal legislation called the Check Clearing for the 21st Century Act, or "Check 21" for short, recently went into effect. Two of the more important aspects of Check 21 are explained below.
The Dangers of "Floating"

Check 21 will allow financial institutions to process "substitute" checks--high-quality paper reproductions created from electronic images of both sides of an original check. In time, check processing will be faster, and this is where there will be ramifications for check writers and depositors.

While it has always been prudent to have enough money in your account to cover a check the moment you write it, who has not used the lag time in check processing to make a necessary deposit? That will soon become a riskier strategy as electronic check processing becomes more prevalent. It will also be more important than ever to keep checkbooks up to date, especially bearing in mind deductions for ATM withdrawals, bank fees, and debit-card purchases. (Another downside to faster check processing is that you may have less time to place a "stop payment" on a check that you have written.)

As a last resort, there are overdraft services, including overdraft lines of credit. They have their place, but remember that each use of an overdraft service is essentially a loan, usually with interest charges or other fees.

Electronic Substitute Checks
Today, most banks do not return customers' actual checks with their monthly statements. Under Check 21, even your bank may not receive your original check but, rather, an electronic substitute check created by the bank where the check was deposited. As long as the substitute check meets standards established under Check 21, it should be just as effective as the original for a customer who needs to prove a disputed payment. Of course, long before the enactment of Check 21, images of checks, rather than the real thing, have enjoyed widespread acceptance as proof of payment. Even if the substitute check falls short in some way, Check 21 provides warranties and remedies to protect the parties to a transaction.

IF YOU ARE BITTEN BY A DOG
If you are bitten by someone else's dog, it is important to find out certain things as soon as possible in order to strengthen your case.

The most important information is the identity of the dog that bit you. If you cannot identify the dog, it is difficult to find the owner.

Next, you need an accurate description of the biting incident. Where were you? Where was the dog? What happened? Why did the dog attack? If there were witnesses to the attack, be sure to get their names and addresses.

Keep a good record of your injuries. Particularly helpful are photographs showing the extent of your injuries before they heal and pictures of the scene at the time of the attack.

Once you have as much of this information as you can get, you need to try to link the dog with the owner. Sometimes, this proves to be very easy. Other times, it is more difficult. If you have been injured by a dog, please contact us regarding your case. We can help you get the money you deserve.

BICYCLE SAFETY
When a car or truck has a collision with a bicycle, the bicycle rider usually loses, no matter who legally had the right of way. Bicycle riders should take extra care to obey the following safety tips:
Remember: Bikes Are Vehicles, Too

Legally, bicycles traveling on a road are required to be treated the same way as any other vehicle traveling on the road. This means that bicyclists need to obey the same laws as other drivers. Don't run red lights, change lanes without signaling, or commit other infractions. If you would not do it in a car, don't do it on a bike.

Wear a Helmet
The easiest way to protect yourself is to always wear a helmet when you ride. Some jurisdictions require all riders to wear helmets but, even where it is not required, wearing an approved helmet can significantly reduce the chance of serious head injuries in the event of an accident.

Be Visible
Because bicycles are much smaller than cars and trucks, it is important to make sure that others using the road can see you. Make sure that your bicycle has reflectors on the front and back and even on the wheels. When riding at night, wear light-colored clothing and consider using a light.

Be Aware
The best safety advice is to be aware of the conditions around you and be careful when riding. Always look both ways when entering a street and stay on the correct side of the street when riding. Keep a lookout for drivers who may not be looking out for you. Like other drivers, bike riders should ride defensively.

THEY SAID IT
The following exchange between an attorney and a witness actually took place in a courtroom.

Attorney: Are you married?

Witness: No. I'm divorced.

Attorney: And what did your husband do before you divorced him?

Witness: A lot of things I didn't know about.

If you are interested in receiving help on your potential case, please contact us for Free Case Evaluation (Secure Online) or call at 1-888-WE-MEAN-IT (888-936-3264).

Please be sure to provide us with as much information as is reasonably available. The quality of our evaluation is dependent upon the accuracy of the information you provide to us.

Any initial consultation with our firm is free. For more information, call us at 1-888-WE-MEAN-IT (888-936-3264), or contact us by e-mail.