Articles Tagged with insurance

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insurance-1991216_1280-300x211Another driver crashed into you. You suffered personal injuries in the car accident. Now, you need medical care. Medical Bills. Lost Wages. Disability. Pain and Suffering. You may be worried about several issues. So, you decide to make a claim.

After making a claim, you learn more bad news. The driver who caused the crash is bankrupt. You learn the other driver has actually filed a Chapter 7 bankruptcy seeking to discharge all of his or her debts. Can you still recover compensation for your personal injuries? In most cases, the answer is yes.

At our office, we have helped many injured accident victims recover compensation even when the driver who caused the crash is bankrupt. These issues can require legal guidance. An experienced personal injury attorney willing to fight for his or her clients can help. But, be careful who you hire. Many billboard and television advertising attorneys talk a big game but are unwilling (or unable due to a lack of real courtroom expertise) to do the real legal work needed.

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Blackwell Law Firm
You were hurt on the job. You received workers’ compensation benefits. But, a third-party (someone outside your work) caused the accident. You want to pursue a personal injury claim against that third-party.

The workers’ compensation carrier has a lien against your personal injury case. Under Alabama law, your employer (and its insurance carrier) have certain rights to get their money back if you win your personal injury case. At our firm, we routinely represent clients in both workers’ compensation and other personal injury cases. We understand how these areas of the law interact.

What happens when your employer or its insurance carrier file a lien against the third-party negligence case? The issues can be complicated. How you (or your lawyer) handle these issues can tremendously impact your bottom line. I could discuss these issues in significant detail. But, here are four quick tips to consider when handling this type of case:

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A car crashes into you. You suffer personal injuries. You suddenly face problems with medical bills, pain or wage losses. Then, you discover another problem. The at-fault driver has too little or no insurance for your damages. This problem is not rare. It happens more than you think. Many drivers do not have the insurance necessary to cover the harm their negligent driving may cause.

Alabama law requires every driver to have liability insurance. But, the law requires only small limits of coverage. Some drivers choose to ignore the law and drive without coverage. Other drivers purchase only the bare minimum amount. That amount is far less than needed to cover the damages for anyone with a significant personal injury. Many injury victims have medical bills that exceed the minimum liability coverage limits required by law.

I wrote a series of articles in prior years discussing Alabama’s problem with uninsured drivers. These articles also detail efforts by Alabama officials to create a system of insurance verification – a system that would catch drivers who choose to ignore the law and put the rest of us in danger. When I wrote my first article on the topic in 2011, officials estimated up to 25% of Alabama’s drivers did not currently possess insurance coverage. In 2016, Governor Bentley announced the rate of uninsured drivers had dropped significantly. Yet, it still remains too high. You can read some of my prior articles at my other blog, The Alabama Litigation Review.

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Years ago, an engineer friend of mine served on a jury in a personal injury case. Later, he told me that during the entire process he (and several other jurors) believed information was not being provided them. They were right. Sometimes evidence is not admitted at trial and not seen by the jury. Our evidence rules are designed to prevent evidence that is not relevant or too prejudicial from being considered. But, sometimes the same rules also prevent the jury from hearing evidence needed to tell the full story.

If you have been hurt and need a lawyer, you need one with trial experience. Procedural and evidentiary rules can be complex. Your lawyer needs to know the rules and how to apply them quickly in trial situations. Unfortunately, many of the lawyers now advertising for automobile accident cases do not go to court. Some have never been to trial. They would not know how to argue a case effectively in a courtroom. Insurance companies know which lawyers will go to trial and it impacts the settlement offered you. When hiring a lawyer, you should absolutely ask questions about real trial experience.

What is one big issue kept secret from the jury? At trial, the jury is never told that the defendant actually has insurance. The rules in Alabama, and many other jurisdictions, forbid the jury from being informed about the defendant’s insurance coverage.

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I recently published a post discussing the scene of a Las Vegas convention for industry insiders managing workers’ compensation medical benefits. My post is titled — An Industry Built Upon Suffering. It is a true statement — an entire industry of managers has been built upon the misery and suffering of injured workers simply seeking medical care. That’s wrong.

Workers’ compensation benefits in Alabama were created to provide injured workers with medical care. Most injured workers need and desire this care quickly so they can heal and return to work. Instead, we now have an entire industry of benefit managers who work to complicate, delay and deny the needed relationship between an injured employee and his/her doctor trying to help.

Contrast the lavish Las Vegas party of insurance insiders against the typical injured employee. The insiders enjoy excess. Yet, injured employees are often left untreated and unable to provide for their families. While away in Las Vegas, those insiders are receiving messages at their offices from injured workers begging for medical treatment. I hear from injured workers daily who call and call the adjusters asking for care without response.