Determining Legal Liability
Most accidents happen because someone was careless. The basic rule is: If one person involved in an accident was less careful than another, the less careful one must pay for at least a portion of the damages suffered by the more careful one.
Legal liability for almost all accidents is determined by this rule of carelessness, and by one or more of the following simple propositions:
If the injured person was where he or she was not supposed to be, or somewhere he or...
Technically, you don’t need an attorney. If you don’t have one you will likely not get a recovery. Get a new lawyer right away. Ask the court that proceedings be stayed until you have a new lawyer in the case. The other side may try to sandbag you and proceed in a way to use your legal ignorance against you. Write to the judge ask for time to get a new lawyer and get a new lawyer right away.
the insurer has a duty to settle the lawsuit within your policy limits, if it can. One of the classic cases that demonstrate the insurer’s duty to defend involved an insured named Curtis Campbell, who was in an auto accident that killed one person and injured another. When Mr. Campbell was sued, his insurer, State Farm, refused to settle the case for $50,000, his policy limit, even though State Farm knew he caused the accident. At trial, the jury found Mr. Campbell liable and awarded $136,000...
Plaintiffs’ attorneys are constantly searching for ways to maximize a recovery for their clients. Plaintiff’s attorneys do not want to collect damages from the actual tortfeasor. That can be difficult and time consuming. Instead, they like to collect directly from the insurance companies.
All adjusters know that insurance policies are written with limitations. Under the policy, the amount of the premium will dictate how much the carrier will have to pay out.
Advanced Client Costs
Attorneys commonly pay litigation expenses on behalf of their clients. The costs are then
recovered by the attorney out of the settlement or award. This practice is most often used
by attorneys who take cases on a contingency fee basis. These attorneys generally use a
cash basis of accounting and may deduct those expenses when paid, and the recovered
costs are included in income when received. This causes a distortion of income since it
can take years to resolve...
Just because the witness says something that you can prove is false, does that mean the witness is lying? Maybe, maybe not. But even if he is, before you bring out the heavy ammunition, ask yourself if you really want to drop the “L” word on your jury.
You don’t necessarily need the jurors to think the witness is lying, do you? All you really need is for them to disregard his testimony, right? It doesn’t matter why they disregard it, just so long as they do. So why take on an extra burden...
When a company insures an individual entity, there are basic legal requirements. Several commonly cited legal principles of insurance include:
1.Indemnity – the insurance company indemnifies, or compensates, the insured in the case of certain losses only up to the insured's interest.
2.Insurable interest – the insured typically must directly suffer from the loss. Insurable interest must exist whether property insurance or insurance on a person is involved. The concept requires...
the complaint logs of all lawyer regulatory groups indicate that many lawyers are terrible communicators. If every time you have a problem there's a delay of several days before you can talk to your lawyer on the phone or get an appointment, you'll lose precious time, not to mention sleep.
Almost nothing is more aggravating to a client than to leave a legal project in a lawyer's hands and then have weeks or even months go by without anything happening. You want a lawyer who will work hard...