ght (c) 2009 Benjamin Glass

“I want to rescind my settlement…”

We recently spoke to a gentleman who had settled his personal injury case six months ago. He had been injured in an accident where the other party was clearly at fault. He was contacted early on by the other person’s insurance company.

This man had incurred about $20,000 in medical bills, most all of which have been paid by his health insurance plan from his employer. The man told me that he did not want to pay an attorney a fee because his case was “simple” and he thought he could save the attorney fee. The insurance adjuster even said some things along these lines during discussions.

The insurance adjuster asked him how much his out of pocket medical expenses were and he told them that they were pretty low since his insurance company had paid the bills. The injury victim went on to the Internet and thought that he found some “formula” for settling his case by himself. Looking at his out-of-pocket expenses and his lost wages he settled his case for around $30,000.

Now he wanted to rescind his settlement. Since he did not use an attorney he was not aware that his employer’s health insurance company might seek to be repaid the medical bills that it paid. Yes, there it was, right in his contract. Of course the adjuster from the car insurance company did not mention this to him nor did they have a duty to. The adjuster did not misrepresent anything but didn’t volunteer anything anyway. The victim had to repay his health insurance company nearly $20,000, wiping out the great bulk of his settlement.

Unfortunately there was nothing that we could do for him. He had signed an “full and final release” acknowledging that he had not relied on the insurance adjuster for any legal advice.

Consumers should not be afraid to speak to an experienced personal injury attorney in their area.you wouldn’t think of taking out your own appendix, would you? Most personal injury attorneys will consult with you without charge on an initial basis. And many offer websites filled with useful information. Some have authored books to help consumers understand their rights.

An insurance adjuster is generally under no duty to give you legal advice. They typically are prohibited from misleading you but this can be very hard to prove. In most cases they are simply trying to close the claim and their duty is to their customer, not to you.

By: Benjamin Glass

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Here are some of the tactics the adjustor will use to wear down injured claimants so they will accept much less money than what the claim is worth:

1. Using Delay Tactics. The adjustor is a master of using delay tactics to wear people down. He knows that many people (80-90% according to some insurance company estimates) will grow tired of the delaying tactics and simply throw up their hands and say “Enough!” These people will accept the low-ball offer just to be done with the entire unpleasant process.

2. Requesting Unnecessary Information. Yes it’s true that the insurance company will need records, receipts, bills, reports and other documentation to support the claim. But sometimes the request for documentation is unnecessary. For example, asking for medical records from 10 years before the accident, or asking for tax returns generated in the same period. That is information that typically is unnecessary and is only requested to delay resolution of the claim. Insurance adjustors know that repeated requests for unnecessary documentation can easily frustrate people and wear them down so they’re more likely to accept a low settlement offer.

3. Disputing the Medical Treatment. Despite the absence of any medical training, the adjustor may question the need for treatment or certain procedures or worse: second-guess your own doctor. Many times it does not matter to the adjustor that your treatment has been recommended by a reputable licensed physician.

4. Disputing the Medical Charges. Sometimes the adjustor will only agree to “accept” 70, 80 or 90% of your past medical charges. Again, such an assertion is made without having any medical background to support such a position. When “nickel and diming” the consumer, the well trained adjustor knows that most people will not hire a lawyer to challenge the refusal to pay a small portion of the medical bills.

5. Tell You Not to Hire an Attorney. Other times the insurance company will tell you that hiring an experienced attorney is unnecessary. Sometimes the adjustor will try to prevent you from retaining an attorney by falsely stating that any settlement money you receive will all go to the attorney. Still other times the adjustor may threaten to “deny” the claim if you hire a lawyer. Any time a claims representative tries to steer you away from an attorney this should be your first clue that using an attorney may actually produce a much higher recovery for you (even after deducting the lawyer’s fee).

6. Misrepresenting Insurance Policy Benefits. Sometimes the adjustor will misrepresent the amount of insurance coverage that is available to you. Or worse, the adjustor doesn’t even tell you that the insurance coverage or certain types of benefits even exist. This tactic may be used to entice you into accepting a smaller settlement than what would otherwise be warranted.

7. Acting as Your Friend. There are times when the claims adjustor will “befriend” you and make it appear that he or she is watching out for your interests when in fact he is not. Sometimes the adjustor will give you advice about the type or frequency of your medical treatment, and then decide later on not to pay for the treatment because it is “excessive.”

8. Making False Promises. There are times when the adjustor will make promises to you that he knows can’t be met. The adjustor’s primary loyalty is to his employer (the insurance company) and to his insured (the negligent party). If the adjustor makes promises “for your benefit,” this inherently creates a conflict of interest. Oftentimes the adjustor already knows that a conflict is created by making you a promise to protect your interests, but she knows this is one way to get you to let your guard down and get you to agree to terms that your attorney would never allow.

These are just a few of the tactics that the insurance industry will use to accomplish its goal of getting parents to accept smaller settlements for their injured children. Parents need to be aware that they are dealing with professional negotiators who will utilize a number of different tactics to fulfill the insurance company’s primary objective: to settle claims for much less than they are worth. Lower settlements mean bigger company profits. If parents begin to feel overwhelmed or that they are in over their heads, they should not hesitate to consult with an attorney who has expertise in child injury claims.



By: Christopher Davis

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Loan Consolidation

No one’s life matters more than yours or someone that you love. If you have been injured in an accident, or a loved one died because of another’s negligence, you need to ensure that you have an experienced accident lawyer Orlando that knows the ins and outs of insurance settlements; to get you what you deserve. Beyond the monetary value you deserve, you need to feel respected and heard; you need to know that what you are going through isn’t going to go unnoticed and under compensated.

Insurance companies will try to settle fast, taking the cheapest route possible. They will take statements from you that can later be used against you. They will take advantage of your confusion and lack of understanding and they will ultimately not compensate you with what you deserve. Sure, a fast settlement might sound like what you want.  But do you know the long term effects that you are going to endure because of the injury you sustained. Do you have the financial security to make sure that you can handle the medical requirements necessary to keep you healthy for the rest of your life? Are you losing time at work and subsequently pay because you are unable to go back?

There are times when hiring an attorney is more than important, it is quintessential for your future that you do. When you sustain a life changing injury due to someone else’s negligence, you should hire an experienced attorney to fight for you. You need a personal injury attorney Orlando on your side that can slow the insurance companies down. You need someone who knows what the insurance companies do, and you need someone that can help you fight back. You need Seifert Miller, LLC. These accident lawyers Orlando have experience that will serve you to the fullest when it is time to settle with insurance companies. With a proven track record and multiple high dollar settlements you know that your life does matter when you trust it to someone who cares.



By: Daniel Marcus Manson

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Skin Care

Upon filing an auto accident lawsuit, depositions will need to be taken by your lawyer and the opposing lawyer. Deposition is really just a big word for telling your side of the story. The lawyer will ask everyone involved to explain what happened, and then ask a few questions to provide clarity. The opposing side’s attorney will do the same. It is completely inadvisable to ever tell even the smallest lie during a deposition.

Your auto accident lawyer will explain the process before it begins. Your lawyer will also explain the importance of being completely honest during a deposition. If you do not completely understand a question that either your lawyer or the opposing side’s attorney has asked, then it is your responsibility to ask for clarification. If you believe that you understand a question that your lawyer or the opposing side’s attorney has asked but feel it can be interpreted in more than one way, clarify by repeating the question in your own words.

Once you and your lawyer get through with the process of depositions, it will be a little more clear to your auto accident lawyer where things stand from a legal perspective, how the defense is going to present their case, and whether or not there are any additional questions your lawyer is going to need you to answer. Your auto accident lawyer can advise you in the next step of filing your lawsuit. Listening to your lawyer is pertinent. If he or she asks you to provide them with some documentation, you are hurting your own case and making it more difficult for your lawyer to represent you if you don’t.

The opposition may bring up issues that you were not expecting during your deposition or during a hearing or trial. This is not entirely uncommon, although for the most part what we see on television is not an accurate depiction. Relevance is a key factor, and before you answer any question that you were not expecting, give your lawyer a moment to either object, or present in your defense that the question is irrelevant. If your auto accident lawyer does not make an objection then you simply answer the question, honestly. People make their fair share of mistakes in life, and mistakes that happened years ago do not necessarily mean that your claim is not valid.

However, it is important that you are honest with your auto accident lawyer about your relevant history. If you have ever been pulled over for driving while intoxicated or have had numerous accidents in your driving history, it’s better to tell your auto accident lawyer these things than allow this information to be a surprise during a deposition. Lying to your lawyer is never a good idea, even if you believe the lie is tiny and inconsequential.

The deposition process will give you a chance to see how your lawyer operates and to evaluate him or her as a representative of your rights. Some lawyers are fabulous in the office but crumble under the pressure of a deposition. While you will not be a witness to the entire deposition process, it will allow you to see your lawyer in action before ever entering the court room. If you find yourself questioning your auto accident lawyer’s abilities, then it is time to immediately find a new lawyer. Hopefully you would have been able to make this decision prior to the deposition process, but it is never a good idea to hang onto an auto accident lawyer when you do not feel they are competent enough to handle your auto accident case.

Once you have passed the deposition process, you may find the opposing side is willing to discuss a settlement. While it is always best to make decisions based on what’s best for you and your family and what you’re comfortable with, listen to the advice of your auto accident lawyer carefully. Ask them why they feel as they do in regards to your potential settlement. A high quality auto accident lawyer has had ample experience and can offer you advice as they see things from a removed emotional state. A high quality lawyer will be able to give you a basic idea of whether you are being offered a good settlement, or one that isn’t fair and compensatory. A good lawyer will help you through every step of the process.



By: Nick Johnson

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You Unknowingly Have Entered A War Zone

Did you know that the day you were injured you entered a war zone with the insurance industry? Over the past 30+ years, the insurance industry has spent billions of dollars on advertising to spread false and misleading information about accident claims. The industry wants people to believe that the justice system is out of control and that people who file lawsuits are getting millions of dollars for minor injuries. Such propaganda has created the false perception among the public that the system needs fixing. Unfortunately, this “misinformation” spread by the insurance industry has had an enormous negative influence on juries and their verdicts.

Juries today are highly skeptical of people who file lawsuits that claim money for “pain and suffering.” Many people who wind up on juries believe the myths touted by the insurance industry. This can be a huge obstacle to achieving justice in your case, even when the injuries are severe and negligence has been established. Lawyers who handle these cases have learned over the past few years that it is much more difficult to achieve justice for their clients.

You need to be aware that the insurance claims adjustor will utilize any means necessary to pay out as little as possible, even on legitimate claims that involve serious injuries. Insurance adjustors receive extensive training on how to save the company money, and not necessarily on how to examine a claim and pay a fair settlement. Many insurance companies reward their adjustors with bonuses or promotions based on how much money that person saves the company rather than how many claims are settled. The claims adjustor accomplishes this in several ways:

**Using Delay. The adjustor is a master of using delay tactics to wear people down. He knows that many people will at some point throw up their hands and say “Enough!” while finally accepting the company’s last offer just to be done with the whole process.

**Requesting Unnecessary Information. Another method is when the adjustor makes repeated requests for “documentation” even if the information will have little or no bearing on the amount that will be offered in settlement. Repeated requests for unnecessary documentation can easily frustrate people and wear them down so they’re more likely to accept a lower settlement offer.

**Disputing the Medical Treatment. One way the adjustor will minimize your claim is to dispute or question your need for medical treatment, despite having no medical training! (even if the treatment is prescribed by your own doctor!). Many times it does not matter to the adjustor that your treatment has been recommended by a reputable licensed physician.

**”Nickel & Dime” the Medical Charges. Often times the adjustor will only agree to “accept” 70, 80 or 90% of your past medical charges, while having no medical background to support such a position. By “nickel and diming” the consumer, the well-trained adjustor knows that most people will not hire a lawyer to challenge a small portion of the medical bills.

**Tell You Not to Hire an Attorney. Other times the insurance company will dissuade you from hiring an experienced attorney and falsely tell you that any money you receive will go only to the attorney. Still other times the adjustor may threaten to “deny” or “lowball” the claim if you hire a lawyer.

**Misrepresenting Insurance Policy Benefits. Sometimes the adjustor will misrepresent the amount of insurance coverage that is available to you. Or worse, the adjustor doesn’t even tell you that the insurance coverage or certain types of benefits even exist. This tactic may also be used to entice you into accepting a smaller settlement than what would otherwise be warranted.

**Acting as Your Friend. There are times when the claims adjustor will “befriend” you and make it appear that she is watching out for your interests when in fact she is not. Sometimes the adjustor will give you advice about the type or frequency of your medical treatment, and then decide later on not to pay for the treatment because it is “excessive.”

**Making False Promises. There are times when the adjustor will make promises to you that he or she knows can’t be met. For example, this author had a client who was promised that the insurance company would continue to pay her medical bills every month until she recovered. This went on for four months until the adjustor decided that four months of treatment was enough. The problem was that the client didn’t find out about the insurance company’s decision to stop paying until she had racked up many more months of medical bills!

These are just a few of the tactics that the insurance industry uses to badger and wear down injured victims so that less money is paid out. And to a large extent, the industry has been successful. The strong backlash created by the insurance industry against our justice system is a very strong movement in many parts of our country. The movement has a name, it is called Tort Reform. The success of the Tort Reform movement has emboldened the insurance industry to withhold fair settlements until you convince them that you are ready, willing and able to go to trial. But do not be discouraged. You CAN achieve fair compensation for your injuries and beat the insurance industry at their own game. But it may take time and effort.



By: Christopher Davis

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Injury Lawyers

Boating is a fun activity for many people. If they have the time to spend on their boat and the money for its upkeep, they often get a great deal of enjoyment out of it - especially on weekends and holidays. However, there is a downside to boating. Like driving a car, operating a boat means that a person runs the risk of having an accident. A boat accident can be a simple bump or a serious collision with another boat.

In addition, a boat accident can involve striking a jet ski, a water skier, or someone else that is in the water such as a swimmer, diver or snorkeler. All of these hazards make a boat accident more likely, so one must be very careful.

Even the most careful boater can run into trouble, however, and at that point he or she may need the services of a maritime injury lawyer. Knowing whether a lawyer is needed is sometimes difficult, but in the case of a serious accident or injury where there are damages, a maritime accident lawyer would likely be required if the injured party wants to recover damages and out-of-pocket expenses.

In the case of a boat accident, one would not need to hire a specialized lawyer such as an offshore oil rig accident attorney. One would need a more generalized maritime injury lawyer that handles cases of people that have been injured at sea.

Once the right lawyer is chosen for a person’s boat accident, the goal of recovering damages can begin. Being able to get compensation for a boat accident, though, can be a long process. If there are questions as to who is at fault, if the injuries are questionable - such as is the case with many mental “injuries” like post traumatic stress disorder, depression, or anxiety attacks - or if the other party to the accident has evidence making it appear that the alleged victim might hold some of the blame, a case can drag through the court system for months or even years.

In cases such as this, an individual might want to work with his or her maritime accident lawyer to reach on out of court settlement. This type of settlement often takes place much faster than a court battle would, and the settlement can be just as large as might have been won in court. Because legal proceedings can be complex and getting compensation for a boat accident is often difficult, the hiring of a maritime injury lawyer can be a smart idea.



By: Nick Johnson

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Debt Consolidation

ve a personal injury law suit in Ottawa, Ontario or certain other jurisdictions in this province, you will have a settlement conference before there is a trial date set.

The purpose of a settlement conference is to settle the case or narrow the contentious issues in the case. In a personal injury case, the issues are usually: who was responsible for the accident and what are injuries worth?

A case management judge or another court official called a case management master facilitates a discussion of the issues and reviews the strengths and weaknesses of each party’s case.

The lawyers for the injured person and the injured person attends. The lawyer for the defence, usually hired by the insurance company, as well as a representative of the defence, usually a claims examiner or adjuster, will also be present.

Before the settlement conference is held, parties are required to complete all examinations for discovery, produce all of the required documents and complete any related motions.

Your lawyer will prepare a brief with a detailed outline of the evidence you will be leading at trial. This will include key passages from the transcripts from the examination for discovery, important medical records and expert reports. The brief will also identify the witnesses you intend to call at trial and what they will say at trial.

You will likely meet with your lawyer before the settlement conference to discuss your settlement position and any developments in the case that arise from the defence lawyer’s settlement conference brief.

Different judges run settlement conferences in different ways. Sometimes all the parties, lawyers and the judge will meet in a court room. The lawyers will make submissions and the judge will comment and then give an evaluation of the case.

In other cases, the judge will meet privately with the lawyers and go through the case and then come back into the courtroom to speak to the parties about his or her views.

A settlement conference may last one hour or it may last several, particularly if the parties are actively negotiating.

If a settlement is reached, the case will not proceed beyond the settlement conference.

If a settlement is not reached, the judge will discuss the expected length of the trial with the lawyers and a trial date will be set.

Although the parties will often be disappointed if the case does not settle, having a fixed trial date motivates the parties to continue to work toward settlement. It also provides a deadline for the resolution of the casethe trial date.



By: anonymous

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Niche Video Site Builder

Brooklyn construction accident lawyers affect many people. It can be surprising to find just how many different types of people are affected. It makes sense however when you think about how many people there are in Brooklyn and how much construction that goes on. When this construction involves people in accidents then they need representation. The way that Brooklyn construction accident lawyers treat the case, can really affect people. Also if one is to be charged for their involvement in a construction accident, then they will need representation. This representation can be very important to both the person being charged and the people that are being kept safe by that person being charged. That is probably the way that the most amount of people are being affected.

Many different people can be affected by a construction accident in Brooklyn. If one of the bridges for instance is found to have faulty materials and collapse as has been known to happen, then the resulting disaster would affect a massive number of people. People would not just be injured but mostly likely would die. All parties involved would need legal representation by Brooklyn construction accident lawyers. Injured people would need someone to pay for their medical bills. Also if they could no longer work they would need to be compensated for that as well. Of course the families of people who would die in the accident would need compensation as well.

If one is being charged for their responsibility in a Brooklyn construction accident then they need to speak to Brooklyn construction accident lawyers. A person who is responsible for a construction site accident can be charged with many different things. Some of these charges are more serious than others. Brooklyn construction accident lawyers can help so that the results of the charges will not be as severe as they could be. If a person dies because of a construction accident for instance, the responsible person may also have a manslaughter charge on top of whatever other charges are there. A lawyer could probably help to drop it down to reckless endangerment and the resulting prison time would be a lot different.

It is good that Brooklyn construction accident lawyers are out there representing people involved in accidents because it not only helps those people, it also helps to prosecute the guilty. The guilty then hopefully lose their licenses and no longer make unsafe buildings or other structures. In this way the amount of people being affected by Brooklyn construction accident lawyers is very large. A single bad construction company can make a whole lot of flawed buildings even just within a year. It is important that any bad construction companies be brought to justice to protect the public.



By: Paul Justice

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How to Save Energy

It’s not uncommon to find a plaintiff in a pending lawsuit that is in serious debt. A lawsuit can take a large financial toll on a plaintiff; especially if the pending lawsuit is related to an injury or accident. This type of situation usually leaves the plaintiff unable to work and in the process of seeking compensation from the defendant in the case. Since US civil court cases can take many months if not years to reach a verdict the plaintiff can get into serious financial trouble. However, there is a solution that plaintiffs can use to prevent serious debt and even bankruptcy; a lawsuit pre-settlement loan.

Plaintiffs looking into a pre settlement lawsuit loan will learn quickly it’s a simple concept, and that it can benefit them throughout their pending case. A settlement loan is basically a loan given to a plaintiff based on the merit of their lawsuit. A lawsuit loan provider will review the current case, speak with your attorney and review past related cases prior to giving the plaintiff any pre settlement funds. Usually the plaintiff can expect a reply within 24 to 72 hours after the application has been submitted.

One of the best features of a settlement loan is the fact it’s a non-recourse debt. This is for the simple fact that the plaintiff is only required to repay the loan if they win their lawsuit. Yes, the plaintiff needs to “win” to pay back the lawsuit loan, if they lose their case they are not required to pay back the original loan. So, this key feature allows plaintiffs to know that in case they lose their case they won’t be in even more debt afterwards with a pre settlement loan.

The approval process of lawsuit loans is pretty straight forward; as explained earlier the provider will review the current case, speak with your attorney and review past related cases. They “do not” need to review your credit history, income status or employment; these factors do not play a role in a settlement loan approval process. You can safely apply knowing the only thing that matters in getting approved is the merit and current status of your lawsuit.

If you do win your pending lawsuit you would be required to pay back the original amount loaned, any fees plus interest on the initial loan amount. Interest rates vary between settlement loan providers and usually are based on the amount of money loaned and the merit of that specific lawsuit. If you’d like to learn more about lawsuit loans or even apply online right now then continue below.



By: Legal Settlement Loans

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Foreign Exchange Trading

Our school systems today are doing the best that they can with the resources that are available to them. Even despite the current economic condition that have some school finding it hard to make payroll, teachers are showing up day in and day out to instill education and learning into our children. Subjects like Math, English, Social Studies, Language, and Computer Science flood our schools hoping to develop children into socially minded educated adults. However, what about the real life tactics that they are not being taught in school, specifically what about sound driving education. Lets face it most American drive, and how many times have you shared the road with another driver who has a lack of driving skills that has endangered you life and all others on the road? My guess is a lot; therefore it is imperative that our nation requires quality, thorough, and educationally sound driving schools that will teach our children the proper way to operate a vehicle. In the past drivers education has been known to be a substandard program that tries to get an individual through the system as soon as possible. With the current economy the way it is, we literally cannot afford to have uneducated quality drivers on the road.

To ensure that better quality driver’s educational programs are available, we must ensure that the programs that are taken through the system revised. In some cases when Drivers Ed is offered through after school programs they are not as thorough as one that is taken through a program intended for that purpose. The material and guidelines should be general so that all programs are practicing at the higher standard that we need our drivers to be witnessed. If we continue to offer driving educational programs that do not thoroughly teach the material a direct influx of auto accidents will become prevalent on the road. Accident lawyers in New Jersey see this relationship first hand when standards to get your license have remained constant over the years, not adapting for change. Another idea that a accident lawyer in New Jersey has submitted, is for annual check rides for all drivers. Whether it is every year of every five years, drivers should be required to get a refresh course so that they are up to date with all of the driving and safety standards apparent on the road.

If we do not update are driving educational standards then people will be prone to cause more accidents due to their lack of knowledge. Also for those who have been driving for years may have forgotten some of the cardinal rules. Therefore it is imperative that we make the needed changes to keep the roads safe. Auto accidents are of a much greater risk when drivers are not properly trained. If you have been involved in an auto accident, contact an accident lawyer in New Jersey. An accident lawyer in New Jersey has the experience and knowledge to help you gain justice.



By: Paul Justice

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