20 Search Results for "bad faith"

January 24, 2018 at 9:43 pm

A Personal Injury Glossary: Negligence, Insurance, and the Rest

...ty Bad Faith: This is a claim by an insured against their own carrier for “bad faith settlement practices”. The claimant does not have to establish malice, or intentional wrong in order to recover compensation, damages for “aggravation and inconvenience”, and lawyers’ fees. The claimant needs only to “substantially prevail” in the prosecution of their claim to recover these items. But, in order to get “punitive damages”, the claimant must also pro...

February 27, 2017 at 10:04 pm

A Summing Up of Eight Years’ of Blogging

...my thoughts on professionalism and collegiality, myriad insurance issues, bad faith, “deliberate intent” industrial injury law, alternate dispute resolution, e.g. mediation, arbitration, ethics, civil disputes and litigation, religion, politics, philosophy, and history. If I could wave a magic wand, I would edit out 25%-30% of 1300 pages. I would ease up on the lecturing tone and the appearance of condescension. Am I ashamed of my writing? No! I...

March 15, 2014 at 1:50 pm

FAQ

...angerous and defective products, medical and professional malpractice, and bad faith insurance settlements. In those cases, you usually cannot afford a large cash retainer, and the attorney is willing to accept a percentage of the eventually recovery and to take a risk of a $0.00 award. More About Contingent Fees: 10% to 40% My contingent percentages vary from 10% to $40%. Sometimes there is a very limited amount of insurance the carrier will pay...

March 15, 2014 at 1:50 pm

Insurance Law

Insurance Coverage Disputes, Insurance Bad Faith Litigation You purchase an insurance policy to protect you from risk and hope you never have to use it. If you are the victim of an unfortunate event, you expect your insurance to be there for you when you need it most. Sadly, many policyholders find out the hard way that their insurance companies will not honor their terms of their policies. They may deny payment of covered claims or fail to defen...

December 13, 2016 at 12:28 am

A Claim Against Your Own Insurance Company?

Let’s look at another kind of injury, bad faith by your fire insurance company: You have a major fire. The adjustor is overburdened, distracted, or may not even care. The checks are slow in arriving, and you think your place is a total loss, but the adjustor does not. It turns out you have some “environmental issues”, and your limited rental coverage is running out while your damaged house is moldering down around you. Some lawyers will immediate...

June 9, 2012 at 5:48 pm

A Foot in Each Camp

...s world, of personal injury, malpractice, industrial injury, and insurance bad faith. The adversaries are wealthy and powerful, and the liability component is usually strong for plaintiff. AND, the issue is money, how much if any money? 2. But, look at the difference in “camp number two”, family law mediation. The parties often were married. They certainly were intimate. They believed they loved one another. Usually they have produced a child or c...

October 13, 2014 at 6:38 pm

Nuts and Bolts of Preparing For Your Deposition

...n personal injury, medical malpractice, industrial accident, and insurance bad faith cases. I know one, only one, lawyer who routinely takes depositions in order to run up costs and cow the opposition. I have seen it succeed, and it disgusts me. Let’s assume you are a plaintiff in an auto accident, or the petitioner in a divorce. What do you need to do in order to prepare? 1. I ask my clients, at the beginning of the case, to read my two articles,...

February 23, 2015 at 5:14 pm

Publishing my Kindle Books

...ter will be: a. My articles on personal injury law and practice, insurance bad faith, industrial accidents, and medical malpractice and civil law, and civil mediation. I just need a “catchy title. b. My articles on civil and family mediation, also called “alternate dispute resolution. c. My articles on office management, technology, collegiality, and ethical behavior. d. My articles on my family law practice, which of necessity will have some repe...

January 8, 2018 at 10:04 pm

Search #8 of My Blogs: “Contingent Fees”

...ng the case. Contingency fees can be earned, in personal injury, insurance bad faith, medical malpractice, premises liability, industrial injury (“deliberate intent”) and professional malpractice. But not in family law matters such as child support, alimony, or equitable distribution. Innovative lawyers are unbundling services, using credit cards, and coming up with other innovations in order to remain relevant to the legal consumer. Here are some...

March 24, 2017 at 9:23 pm

A CONCISE SUMMARY OF THE FUTURE OF THE LAW

...es, personal injury, industrial injury, medical malpractice, and insurance bad faith, the lawyers are motivated because there are prospects of good pay days if the lawyer will delay receiving payment and accept a percentage of the final settlement or judgment. Of course, conservatives are working to limit the percentage the contingent fee lawyer can charge. Getting to the point ain’t easy, so I will close with this summary. We aren’t in a “period...