In what appears to be a continuing revelation of corrupt insurance claims practices, Anthem Blue Cross will announce today that the health care insurance company will pay $1 million in fines to the...
I just spoke to a potential client on the phone about her daughters non-injury accident. She was shocked when I explained to her that she probably didn't need a lawyer and suggested that a Small...
Blue Shield has settled wrongful recision claims against it by the Department of Managed Health Care. The DMHC alleged that Blue Shield wrongfully engaged in "post-claims underwriting". When some...
If you are representing a client who is diagnosed with Fibromyalgia you may encounter stiff resistance from opposing counsel on nearly every issue associated with your client's claims of pain, suffering and residuals. Why should this be the case? Simply stated, because historically, persons suffering from Fibromyalgia were thought to be imagining their symptoms. The attitude of "it's all in...
When determining the value of a client's claim for general damages, it stands to reason that a litigator must first be able to accurately identify and thereafter describe their client's pain. After all, how can you determine the extent of suffering for which you are seeking compensation without first pinpointing the exact nature of your client's pain?Is your client suffering from acute pain or...
A recent study of long term pain sufferers provides information of interest to medical professionals as well as members of the legal community. In particular, the study provides a useful basis on which to determine residuals for clients suffering long term pain as a result of the negligence of a third party.The November 23, 2006 issue of the Journal of Neuroscience reported on a study conducted...
When it comes to evaluating a client's injury for possible settlement, there are many factors to take into consideration. It is often the position of defense counsel and/or insurance carriers that pre-existing conditions do not substantially increase the value of a claimant's general damages. There is also the possibility that any claim for damages will be "devalued" by opposing counsel based...
Many times over the years, people have asked me if there's anything that can be done if the party responsible for causing injuries in an auto accident simply doesn't have enough insurance to cover the value of the injuries suffered in their case.Often, there is hope if the client had the forsight to purchase underinsured motorist (UIM) insurance coverage. This coverage is purchased just like...
Many do not know that nearly one in four vehicles on the road in California have no car insurance. Even though the Department of Motor Vehicles has long required proof of insurance as part of the vehicle registration process One in four are uninsured even though, if involved in an accident or stopped by a highway patrolman, the driver of an uninsured motor vehicle stands to lose driving...
Many people injured in auto accidents are unaware that even if the driver that strikes them in uninsured, they may still have the ability to recover for their injuries. If the injured party or a family member of friend in the same house has an uninsured motorist clause in their insurance, it most often covers the person who was struck by the uninisured motorist or hit and run driver.Other people...
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