Archive for August, 2014

I am 38 years old and I was injured in a wreck three years ago; my back still hurts, but I have returned to work. A lawsuit was filed and the case is still ongoing. My lawyer told me I can recover for medicals, lost wages and for pain and suffering. Can I make the insurance company pay me more money because it has taken so long to get the case resolved?

The insurance company does not owe you more money because it has taken so long, but, if you have a good lawyer, then he or she is fighting to get you fair and just compensation which takes time. Insurance companies want to settle quickly, but they try to get you to take less than what the case is worth. If a client tells me he suffered a broken arm and his medicals are $2,500.00, then I explain that the insurance company would be happy to pay him $2,500.00 today, but that is not what his case is worth. If the case is worth more, then it will take time to educate the adjuster why he or she needs to pay more or it will take time to present the case to a jury if the adjuster won’t listen.

Assuming you have a life-altering injury, then you are entitled to pain and suffering for the duration of your life. In your case, statistically, you will live with pain for more than 40 years which is 14,600 days. 40 years is also over 350,000 hours.

The measure of damages for pain and …

Continue reading I am 38 years old and I was injured in a wreck three years ago; my back still hurts, but I have returned to work. A lawsuit was filed and the case is still ongoing. My lawyer told me I can recover for medicals, lost wages and for pain and suffering. Can I make the insurance company pay me more money because it has taken so long to get the case resolved? »

I have heard in the news lately about people being attacked and injured in the Edgewood Retail District, Phipps Plaza and on the Silver Comet Trail. Can the victims file civil lawsuits to recover money?

These are such tragic events, and my heart goes out to the victims and their families. With regard to Edgewood and Phipps attacks, the answer is yes, if the owners and managers acted negligently. The owners and managers of the properties owe patrons a duty to provide a safe environment for people to walk from their vehicles to the stores. The lawyers for the victims will assert a claim for premises liability which means that the premises owners and managers acted negligently. Some examples are failing to have enough security, failing to train security appropriately or failing to have adequate lighting. Defense lawyers will claim the attacks were committed by criminals and they do not owe a duty to insure the safety of the victims. These cases often hinge on experts to show that the owner or management company allowed a dangerous condition to exist that caused the injuries to the victims.

The Silver Comet Trail attack, while equally appalling, may not be actionable. If …

Continue reading I have heard in the news lately about people being attacked and injured in the Edgewood Retail District, Phipps Plaza and on the Silver Comet Trail. Can the victims file civil lawsuits to recover money? »