Articles Tagged with release

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WorkCompHelp-300x300Last week, one of our work comp clients called with a question. “Can I ask the case nurse to step outside during my doctor appointments?” It’s a frequent question. I’ve written about case nurses several times on this blog. A few case nurses try to intrude into the examination room. This leaves many injured clients uncomfortable. I totally understand.

Since I’ve already written multiple articles about workers compensation case nurses, I decided to address a different topic. Instead, I’m going to address 12 frequent Alabama workers compensation issues. I’ll provide short tips in this post. For more information, you can read one of my longer articles which address a single issue. Here are 12 issues your Alabama work comp lawyer probably wants you to know:

1. You do NOT have to allow the case nurse (or case manager) into your doctor appointments

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Alabama Car Accident Lawyers at Blackwell Law FirmIt’s not an Alabama car accident case. Rather, it’s a recent New Jersey case. Yet, it provides a valuable lesson for car accident victims in Alabama and elsewhere. Be careful what you sign! The case started as a car accident that left an innocent driver with personal injuries and car damage. Fortunately, the negligent driver who caused the crash had liability coverage.

The morning after the accident, an insurance claims adjuster called the injured driver and asked to “inspect” her damaged car. That’s OK. After getting permission, the claims adjuster arrived with “paperwork” to “expedite the property damage claim.” The injured driver signed the paperwork. Rather than property damage paperwork, the document was a general release of all claims. By signing, the injured driver released all her claims for both personal injury and property damage.

If you read some of our past articles, you know we believe accident victims can often resolve property damage claims without the need for a lawyer. The same is true for minor injury claims. Unfortunately, we have an entire industry of settlement mill lawyers smiling from billboards and skimming attorney fees from minor cases that could have been resolved without them.

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Blackwell Law Firm: Huntsville Personal Injury LawyersA recent LinkedIn conversation about settlement terms raised an important issue. The topic — A defendant adds additional (and unacceptable) terms to a release document.

The issue is far too common. Here’s the scenario. The lawyers agree to settle an injury claim. Maybe the lawyers reached a settlement informally and confirmed it with letters or emails. Maybe the lawyers reached a settlement through mediation. Where that occurs, the mediator typically has the parties sign a short settlement memorandum with the basic terms. In both situations, the defendant paying money to a plaintiff will typically require a “general release” of the claims. And, the defense attorneys will prepare or provide this release when the settlement is paid. That’s fine. An injured plaintiff receiving compensation will certainly release or give up his/her claims upon payment.

Yet, far too many defense lawyers stick additional terms in these “release” papers. In essence, the release becomes a much more extensive contract creating potential liability. How many injury attorneys ignore additional and unacceptable terms? How often do these attorneys expose their injured clients to the potential of future liability? It happens far more often than you think. Face it, many mass advertising lawyers spend zero time protecting their injured clients from more harm. When an attorney appears on television in a cape and does not appear in court, it’s a safe bet he or she is not reading settlement paperwork to protect the client. These lawyers advertising fast checks for people in wrecks make the quickest settlement possible. They don’t advocate for maximum compensation. They don’t negotiate costly medical liens to save the client money. And, they don’t read or review settlement paperwork that can create future problems. That’s wrong.

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