Everyone knows that insurance coverage is mandatory in many situations. We all faithfully pay our premiums because we are obligated to, but when a claim is made on a policy, few people realize that the insurance company has obligations of its own regarding its conduct towards you. It’s important to know what these obligations are because they amount to your rights as an insured. If an insurance company fails to follow the principles listed below, they may be subject to a claim of bad faith.
We were able to compensate a young High School student who became the victim of his school’s negligent supervision. The student, a member of the varsity football team, had been diligently running full-contact drills with his teammates when he suffered a traumatically induced nerve injury.
This incident was not the first time the student had been injured while participating in the activities of his school’s football team, and he suffered disc bulges and herniations as a result. These injuries became so severe that he had to undergo spinal-fusion surgery followed by an extensive three months of physical therapy.
We secured the policy limits of $250,000.00 from Allstate Insurance company for a retired Bayman following an intersection accident in which the Allstate insured ran a stop sign.
The firm established that although the Allstate insured tried to push some of the liability onto the retired Bayman, the lawyers for the insurance company were unable to find a chink in the armor of a well planned and vigorous offense. That was the easy part!
Having represented Hispanic immigrants for the past 30 years in my practice, and written about Irish immigrants for the past 10 years in our annual Irish publication, I am literally sickened by the acts of the renegade teenagers from the Patchogue-Medford School District who desecrated our village streets with their evil presence. Repeatedly, I have found comparisons between the stories my grandfather and his fellow immigrants received seeking employment in the early years of the twentieth century: Irish Need Not Apply, and the hollow rhetoric that presently echoes from Brownsville, TX to Farmingville, NY and beyond: These People Are Taking American Jobs. The adage about the more things change the more they stay the same really rings home.
In May 2008 our office resolved a malpractice claim against a dentist who had failed to properly perform root canal treatment on a patient. Unfortunately, the patient not only had a bad dentist, but trusted him and did not get a second opinion for over 4 years. When the patient learned what had been done – or better said not done – we were retained. She was referred to us by one of our previously satisfied clients.
We consulted with a qualified expert and brought suit on their behalf.
Even if the size if your estate isn’t presently large, you simply must have a Last Will and Testament if you have children; it is of the utmost importance so that in the event of your unexpected death you can
- determine the percentage of distribution;
- provide for a guardian; and
- otherwise make the important arrangements for your children’s care and custody.
Although the law provides certain communications are confidential and therefore not subject to discovery by parties to litigation, there are various exceptions. When you bring a claim for injuries, the “confidentiality” between you and your doctor is generally waived.
That means lawyers hired by insurance companies may speak with your doctor. In a recent case, New York’s highest court, the Court of Appeals, ruled that such a conversation can now take place without your lawyer or other representative being present, or even being made aware of a contact to your doctor. Continue reading
When you purchase automobile liability insurance, you generally provide coverage for claims by others due to an accident caused by some mistake on your part. Unfortunately, the first “mistake” many people make is failing to provide adequate coverage for themselves and their family members. Take a moment to review these issues and consider whether your protection is not worth the relatively small investment required to provide these important coverages. Continue reading
The litigation of sports and physical education class injuries is a technical and complex field. It is important that individuals understand that not all injuries that occur in sports and physical education classes are “accidents.” There are obviously certain risks that one assumes when choosing to participate in a certain activity. However, often times the risks associated with an activity are increased due to the negligence of others. The choice to participate, as opposed to a mandatory activity, is also an important factor in determining the assumed liability. Continue reading
Happy Independence Day – and here’s to helping give financial independence to the victims of unfortunate accidents.
One of the easiest ways to help get additional compensation for injuries is also probably the most often overlooked by general practice attorneys.
Every time you buy car insurance in New York, the insurance company must offer you the right to purchase Supplemental Underinsured Motorist (SUM) coverage. Continue reading