CHILDREN OF RETIRED POLICE OFFICER WERE AWARDED ONE MILLION ($1,000,000.00) DOLLARS AFTER THE INSURANCE COMPANY FOR THE OTHER SIDE ORIGINALLY DENIED RESPONSIBILITY FOR THEIR CLAIM!
How can this happen to us? That’s just what Joe, Brenda, and Judy, the surviving teenage children of a retired police officer and his wife said to us when their parents were both killed in a terrible accident after being struck broadside by a large semi-tractor trailer on a rain-soaked highway. What was to be a day of family fun and snow skiing turned out to be the worst day of their lives.
To make matters worse, our initial telephone conversation with the insurance company representing the truck driver (who wasn’t even hurt) denied any responsibility at all for the accident. They said the accident was the entire fault of our clients’ parents! Even the police report cited our clients’ parents as being primarily at fault.
We then learned that although the other side wasn’t accepting responsibility for this accident, they had one of their insurance representatives go to the hospital and try to “convince” Joe (who was recovering from very serious injuries) that he should settle his case, right then and there, for $100,000! Joe told us that even though he told the insurance representative that he couldn’t remember a thing about the accident, had no idea what his injuries were and with all the medication in him couldn’t think clearly, the insurance representative continued to tell him that settling his claim was the smart thing to do. That if he didn’t accept the money right then and there, they wouldn’t offer it again to him in the future.
Joe didn’t settle his claim and frankly, after further investigation, the police report just didn’t make sense to us. Our review of the facts clearly led us to believe that the truck driver was operating his large semi unsafely on the day of this accident; especially after rain the night before had left the highway wet and slippery! We instantly filed a lawsuit and started going to work for our new young clients. They needed all the help they could get.
During our investigation, we discovered in several investigators’ notes the name of an off-duty paramedic who was also on his way up to the local ski area and who had seen the entire accident. For some reason, the police hadn’t taken his formal statement or included what he had seen in their final accident report. The paramedic testified under oath that before the fatal collision, the truck had been traveling at about 70 mph and was changing lanes unsafely.
We also checked out the driving record of the other driver. It was terrible. The defense attorneys for the other side didn’t even know of his poor driving history. This guy had tickets all over the place for speeding and other unsafe actions.
To make a very long story short, we were able to get the other insurance company to settle our clients’ claims for $1,000,000.00. The settlement funds were placed into annuities, which now provide each child with a safe long-term monthly non-taxable recovery. While their lives will never be the same, financially they’ll have sufficient funds to go to school and survive for the rest of their lives.
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AFTER BEING OFFERED ONLY ONE DOLLAR ($1.00) BY THE OTHER SIDE’S INSURANCE COMPANY, CLIENTS WERE AWARDED A FAVORABLE GROSS FEDERAL JURY TRIAL VERDICT OF ONE MILLION TWO HUNDRED FIFTY-THOUSAND ($1,250,000.00) DOLLARS
Tim and Judy lost their 16-year-old son in a tragic boating accident. Before this accident, this family was an active and fun-loving family that enjoyed participating together in outdoor activities, especially jet skiing and other water sports.
A reckless watercraft operator tried to negotiate a blind turn in a narrow reed-lined channel and struck a watercraft being operated by Tim’s 16-year-old son resulting in his almost instant death. Despite the fact that several witnesses told the investigating police officers that the other person caused the accident, the final investigative report, which came out 2 weeks later, incredibly cited Tim and Judy’s son as being entirely at fault in the accident. Tim, Judy, and the rest of their family were devastated by this news. They knew that the news was not true and frankly, extremely desperate when they came to my office to ask me to find out exactly what happened on this tragic day, which we did.
We immediately started to investigate what really did happen on the day of this accident and interviewed and took the statements of all of the important witnesses. Even after the other side’s insurance company only offered $1.00 to settle our clients’ wrongful death case, we advanced all the money and time it took to get this case ready for trial. We flew out of state several times to take depositions and hired experts to help us recreate the accident. We spent thousands of dollars of our own money to make sure that our client’s case was properly and thoroughly investigated and prepared.
After the reckless watercraft operator’s insurance company failed to properly step up to the plate and honor their obligations to compensate our clients for their untimely loss (and as they were obligated to do under State and Federal law), we took the responsible party and their insurance company to a jury trial in the U.S. Federal District Court. After 5 days of trial and almost 3 more days of deliberation, the jury accepted our contentions and returned a substantial “gross” jury verdict in the sum of $1,250,000.00. The verdict resulted in our clients’ family experiencing some level of closure, especially after the jury agreed with them, and the witnesses, that the other party was responsible for their son’s death.
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PARENTS OF ADULT CHILDREN WERE AWARDED ONE MILLION ($1,000,000.00) DOLLARS AFTER THE INSURANCE COMPANY FOR THE OTHER SIDE ORIGINALLY DENIED THEIR CLAIM!
We represented Kati and Larry relative to the death of their 16-year-old son in an extremely tragic head-on collision. In the car was our clients’ son’s best friend who was also fatally injured. First, the insurance company for the other driver denied any responsibility for the accident (despite the fact that the police report said the other driver was at fault). Next, the same insurance company told us over the phone that even if their insured was at fault, it only had $100,000.00 in liability policy limits to cover the claim, which they were not offering.
We studied this company’s insurance policy and frankly, felt this nationally well-known insurance company was either mistaken in their policy representation to us or even worse, was intentionally trying to mislead our clients as to the amount of insurance that was available.
After filing a Superior Court lawsuit and exchanging interrogatories, we learned that in addition to the $100,000.00 liability automobile policy, there was also another liability “umbrella” policy in existence in the amount of $1,000,000.00.
We then continued with our legal efforts and spent the next 6 to 9 months getting the case ready for trial which included hiring experts and taking depositions. After 3-4 settlement conferences before the trial judge, the case was settled for $1,000,000.00. Remember, this settlement took place about 1 week before our jury trial was set to start and almost 1 year since the responsible party’s insurance company denied our claim in full!
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BAD FAITH BY AN INSURANCE COMPANY RESULTS IN A TOTAL PAYOUT AND SETTLEMENT IN EXCESS OF THREE MILLION THREE HUNDRED FORTY SEVEN THOUSAND ($3,347,000.00) DOLLARS
Ben was a young man just in the process of finishing school when the vehicle he was in was struck head-on by another truck traveling at about 50 mph. The driver of the other truck was in the process of drag racing his friends on a narrow dirt road and according to witnesses and the police report, probably under the influence of drugs or alcohol at the time of this accident.
All of the vehicles in this accident were completely totaled and Ben was lucky to have survived. However, Ben’s injuries were extremely serious and resulted in tens of thousands of dollars in medical bills.
Because the negligent driver didn’t have liability insurance, we properly pursued a claim on Ben’s behalf with his own insurance company (one of the largest and most well known insurance companies in the United States) under his uninsured motorist coverage. After receiving a copy of Ben’s policy and making a demand for settlement in the range of several hundred thousand dollars, Ben’s own insurance company refused our settlement offer and incorrectly took the position that his uninsured motorist policy would only cover Ben for $30,000.00. This wouldn’t even come close to covering Ben’s current medical bills, much less what our experts were telling us his future medical bills would eventually grow to.
We knew the insurance company was incorrect in their interpretation of Ben’s insurance policy and hired medical and accident reconstruction experts to help us get this case ready for trial. We spent a week taking depositions out of state and subsequently obtained a binding arbitration verdict for Ben against his own insurance company for more than $865,000.00. Knowing that Ben’s insurance company was in “bad faith” and had tried to save money by refusing to take good care of its own insured, we then filed a “bad faith” lawsuit against the insurance company to not only hold them accountable to Ben for unnecessarily delaying his claim, but to also deter them from doing this to someone else.
After more depositions and discovery and with quite a bit of work and negotiations with the insurance company’s agents and lawyers, we forced the insurance company to pay out another $2,500,000.00 to settle the “bad faith” portion of Ben’s claim. Remember, that’s after already obtaining $865,000.00 for Ben during the earlier arbitration.
The best news for Ben is that these awards and settlements allowed him to pay all of his medical bills and start a new life. He was able to continue with his education and learn a new trade. Ben is back to work and has his entire life ahead of him.
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OUR LAW FIRM OBTAINED A TWO HUNDRED FIFTY THOUSAND ($250,000.00) DOLLAR POLICY LIMIT WRONGFUL DEATH SETTLEMENT OFFER ONLY 59 DAYS AFTER THE CLAIM WAS ORIGINALLY DENIED BY THE NEGLIGENT DRIVER’S INSURANCE COMPANY TO THE CLIENTS’ ORIGINAL ATTORNEY
After being told by the claims adjustor handling this file that liability issues would in all likelihood result in his prospective clients’ wrongful death claim being denied, a local attorney referred his out-of-state clients to our Law Firm for a second opinion. We promptly conducted a preliminary factual and liability investigation of the accident and were formally retained. We immediately rolled up its sleeves and went to work.
Although the case involved several “complicated issues,” we had dealt with them in the past and were prepared to take on this new challenge. Furthermore, we shifted the burden of proof to the defendant regarding liability, a burden they knew the defendant would not be able to overcome at the time of trial.
Prompt Policy Limits Settlement- Less than 60 days after being retained, our Law Firm confirmed, and then obtained, a liability insurance policy limits settlement offer in the amount of $250,000.00. In all fairness, the unusually fast settlement was probably a combination of our legal analysis of the claim and the solid reputation we have maintained with the settling insurance carrier. Over the years, we had successfully settled and/or taken to trial numerous large dollar cases against this particular carrier and they were aware that we would just as soon take this case to trial as we would settle it.
In any case and prior to accepting the actual settlement and with the clients’ best interest in mind, we required the settling insurance carrier to confirm via a specially prepared verification, signed and dated by the defendant, the extent of all liability coverage applicable to this claim and whether or not there were additional third-party benefits including, but not limited to, liability umbrella policies.
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The Secret of Winning a Tort Lawsuit: Get an Experienced Injury Lawyer
Have you ever been bullied or taunted by other people? Has anybody tried to taint your reputation which led to your emotional breakdown and psychological depression? Have you been physically harmed by someone? Well, if your answer to all these questions is yes, then you need to learn more about tort law to protect yourself from further harm.
Tort law, which includes personal injury law, allows individuals who have been physically, emotionally, psychologically, and even financially harmed due to the negligence and wrongdoings of other people to be compensated by those that have inflicted damage on them. Therefore, these laws legally protect individuals from harm or torts. It is also a form of remedy for the harm that was inflicted. With the help of a good injury lawyer, a satisfying compensation may be available to the plaintiff or victims.
What is Tort Law?
Before hiring the best injury lawyer, you might want to know what Tort Law is about. This law actually provides remedies for wrongdoings, specifically civil wrongs that are recognized by the state. When these wrongdoings end up hurting and inflicting pain to an individual, the one who inflicted the pain, may it be intentionally or due to negligence, will be liable as long as the plaintiff is able to prove the damage.
There are two methods of compensation for the wrongdoings or negligence done; it is either by monetary compensation or injunctive relief. In case of an injunctive relief, the defendant will be ordered by a court decree to either refrain from doing a specific task or act, or he could be ordered to do something in order to compensate for the damage.
Tort law also emphasizes that everybody has the right to be free from any bodily, property, and reputational harm. Anything, whether due to negligence or intentional, can allow an individual to file a legal action against the one who has wronged him or her. Tort law, together with an injury lawyer, will be your weapon against anyone who wishes to harm you or any of your loved ones.
Which lawyer to choose
There are many injury attorneys, but here are some aspects of a good lawyer you should look at:
It may be true that there are a lot of other injury lawyers out there; however, the combined knowledge of these lawyers is their most powerful attribute. They have not only legally represented clients and won in the field of personal injury lawsuits, but have also won a lot of other lawsuits which includes the field of criminal law, family, and employment areas as well.
The years of experience make a good lawyer assertive, tough, and wise. They will not settle until you get your compensation. They will try to give you the best compensation, and if they don’t, they promise not to ask for any fee. They have confronted a lot of different and complex issues before.
If you want to win a tort lawsuit, you need not only the best but also the most assertive and knowledgeable attorneys in town.
3 Easy Steps To Understand How Slip And Fall Accidents Happen
“Slip and fall” accidents are pretty much self-explanatory but it is a good idea to know even more about this. Those accidents happen usually at work and the victims might be injured. If the injury is not severe then everything is ok but in some cases, slip and fall accidents can lead to bad consequences. The victim might break an arm or a rib and he or she might be unable to work.
This article will explain everything to you in detail and it is a good idea to continue reading especially if you have been involved in such an accident. Furthermore, you will find out how a slip and fall lawyer can help you in this case.
Bad working conditions
Usually, those are the main culprits of all slip and fall accidents. Also, another reason for those accidents is the carelessness of the employees, but in rare cases. If the employer doesn’t offer safe working conditions then the employees are more prone to various accidents. For example, if the light is not sufficient, if the space is not big enough to work, or if the equipment and working tools are of poor quality, sooner or later incidents will happen.
Bad consequences will follow
If someone has been involved in a slip and fall accident and the injury is serious, then he might be unable to work for a while and he might also need medications. In some cases, the employee is not guilty for this but the employer because he didn’t provide safe working conditions. If the employee cannot work he might be unable to pay the bills and this is how the situation develops into something dramatic. Usually, the insurance company can help in this case but there are situations when the amount of money paid by the insurance company is insufficient.
How slip and fall lawyers can help
In this case, the victim is advised to hire a professional lawyer to protect his rights. If he wins the cases then he will receive the deserved amount of money to sustain his family financially until he can work again. Those lawyers can uphold justice and it is your right to be treated fairly.
So, a simple slip and fall injury can lead to something very bad and that is why it is a good idea to provide great working conditions for your employees if you own a company. If you have been a victim, contact a lawyer and discuss your case at length.
Different Aspects of a Wrongful Death Claim
When someone’s faulty or negligent behavior causes the death of another individual, the victim’s family or loved one may be able to bring a wrongful death lawsuit against the responsible party. The purpose behind filing a wrongful death lawsuit is to seek compensation for the losses that the survivor has suffered because of the death of the victim. Some of these losses may include things like lost salary from the deceased, funeral expenses, and lost companionship.
If your loved one or someone from your family has died because of the fault of another individual/party, you must file a wrongful death lawsuit. Learning about the various factors related to wrongful death claims will help you understand your case a lot better.
What does wrongful death claim refer to?
A wrongful death claim occurs when an individual dies because of the legal fault of another party or person. As far as the law is concerned, the right to file wrongful death lawsuits is rather new. It was during the last century that the federal and state courts created the right of bringing a wrongful death claim. Every state, at present, has some sort of wrongful death law. All sorts of fatal accidents such as car accidents, medical malpractice as well as product liability cases may fall under the category of wrongful death if those accidents cause the death of another. Companies, individuals, or governmental agencies may be legally responsible for one’s death if they failed to act in a reasonable manner and their negligible attitude caused death to someone.
Who may file wrongful death lawsuits?
A representative may file a wrongful death lawsuit on behalf of the survivors who have suffered damages from the deceased’s death. The executor of the deceased’s estate may act as the representative. The survivor may also be termed as “real parties in interest” and this may differ from one state to the other. Some of the examples of “real parties in interest” include:
Immediate members of the family: An immediate family member of the deceased will always get the upper hand as far as being the “real parties in interest” is concerned. Some of the examples of immediate family members may include, spouse, children, and that includes adopted children too, father or mother of unmarried individuals, and so on.
Life partners, putative spouse, and financial dependents: Some of the states would also give the right of recovery to any life or domestic partner that may have been financially dependent on the deceased. A putative spouse is someone who was in good faith that he/she was married to the decedent.
Distant family member: Some states often allow a distant family member to file a wrongful death lawsuit. Distant family members may include sisters, brothers, and grandparents.
Anyone who suffers financial losses: At large, some of the states may also allow anyone who suffers financial losses, make a wrongful death claim.
If anyone close to you has died an untimely death because of the fault of another individual, it is important for you to take legal action against the responsible person. Get in touch with a wrongful death lawyer if you are looking to file a death lawsuit.
Who Is At Fault in a Truck-Car Accident
A truck-car collision can be extremely dangerous with severe consequences for the car passengers. There is a huge weight difference between the massive 18 wheeler trucks and small cars. That is why in such accidents, the car passenger’s chances of survival are almost zero. Even if the car passenger does survive, he/she will receive severe injuries. That individual may be entitled to an injury compensation claim.
The most important factor when filing a compensation claim is to figure out who is to be held responsible for the injuries you or your loved one has suffered. Trucking accidents are, in a lot of ways, different than the other types of accidents. For example, unlike a regular car accident (accident involving two cars) there are a number of parties involved in the truck accidents. Apart from the drivers of both the vehicles, other parties such as the truck owner, truck manufacturer, or the trucking company may also be involved.
Another factor that sets these accidents apart from the others is the regulations that commercial motor vehicles are governed by. Both state and federal government imposes strict regulations on commercial vehicles. In order to determine liability in a truck accident, parties will need to be aware of all these applicable regulations and also be able to determine if any of these regulations were not followed.
Since truck accidents involve numerous rules and regulations and different states have different laws regarding the matter, it is important to contact a truck accident lawyer as soon as possible. As far as the National Highway Traffic Safety Administration or NHTSA states, one of the common factors that cause truck accidents is driver fatigue and drug/alcohol use. Because of that, in some states, truck drivers need to drive slower than others. But how is it determined whether or not the driver was driving at the right speed or was under the influence? A competent truck accident lawyer will know all the right questions to ask when determining the fault.
What should you do after you have been involved in such an accident? The combination of the various laws and regulations and the number of potential claims (who you will sue and under what legal theory) all make the trucking accidents extremely complex. That is why they need to be handled with expertise that only an experienced lawyer can provide you. Texas 18 wheeler accident attorneys will be able to help you with making truck accident claims in Texas. It would be wise to consult one as soon as you can.