Insurance Company profits linked to paying less on claims

As we all know, Insurance companies are businesses and thus their goal is to make a profit. I have no problem with that concept. The problem is that insurance companies are selling a promise to pay the full value of a claim when they write the policy. Since an insurance company's greatest expense is paying claims, the companies make more profit if they pay less on claims. For instance, in Michigan, I have noticed that in certain companies, the adjuster, (the person assigned to process the claim), has complained that the company no longer gives them authority or descretion to settle cases. These are trained and experienced adjusters.This process delays the settlement. The adjuster must go to his boss who handles hundreds or  in some cases thousands of claims. The result is that people who have not hired a qualified personal injury lawyer get discouraged and end up with a nominal, "This is all we are offering settlement". They actually may have no idea what they are entitled to under the policy. Experienced lawyers know that if they have a good case, the insurance company has obligations to pay the claim. If the insurance company refuses to act in good faith, they can be sued for additional damages. This is called a "bad faith insurance claim." It's unfortunate but some, not all, insurance companies are spending more and more on advertising and less on paying claims. Let the "buyer beware" and know your policy and your company.

Don't compare legal cases with your neighbor.

At some point you have probably heard a neighbor or friend talk about the guy who got off on a drunk driving case, or the women that got a big verdict for having hot coffee spilled on her. Don't be fooled into thinking that you can compare another case to your case. Most of the time you are not getting the complete picture. Take the hot coffee case, most people do not know that the victim in that case had numerous surgeries and skin grafts and that several complaints had been lodged about the scolding hot coffee prior to the accident. The media just reports  hype about the money. After all,  every case is unique and every set of facts are different. Doctors have varying  treatments and  patients have different results. Laws also change and sometimes they restrict or limit  your rights. Everyone knows that drunk driving laws in this country have gotten stricter over the years. For instance, in Michigan the BAC standard in Drunk Driving arrests was .10,  since 2003, it is now .08. TV ads boast big verdicts, but don't really tell you the particulars of the injuries, or facts of the case. In Michigan, it is a no-fault insurance state  and that law governs recovery for pain and suffering in auto and truck accidents. The bottom line is to hire a qualified lawyer that will fight for the best recoveryin your case.

Police have device to scan cell phones.

It has been reported that the Michigan State police have acquired a high tech device that can be used to scan your cell phone even during a routine traffic stop. Apparently, the device, known as the CelleBrite UFED, used by the state police, could grab all the photos and video off an IPhone within one and a half minutes. It is also reported the device works on numerous types of cell phones. The scanning device that is reported to  recover hidden and deleted data from a phone that includes call history, text messages, contacts, images as well as other information. Lawyers and public service agencies are worried about the potential for the violations of constitutional rights protected by the the Fourth Amendment guarantee against unreasonable search and seizure. A search without a warrant is deemed unreasonable unless it fits into well defined exceptions. Thus a search Warrant must be requested and issued by a neutral magistrate after a determination of probable cause. Obviously, use of this device should be closely monitored by the courts and the justice system.

Insurance companies use surveillance in personal injury cases.

Insurance Companies in Michigan and other states often use surveillance methods to rebut your claim  that your injuries have caused you to be disabled . For instance, let's say that you have sustained severe fracture of your elbow and now claim you limited use and constant pain. An investigator may stake out your house. And, in the process might video tape you doing some yard work such as cutting down a tree and hauling brush. Obviously, this evidence could be very damaging to you  and controvert your claim that you are disabled or unable to work due to pain. So, beware of that real possibility that you could be video taped or followed after your auto accident or other personal injury claim.

What should I do after I am injured in an auto accident?

After an auto or  truck accident, you should immediately call your insurance company. Michigan is a no-fault insurance state. So several statutes will apply to the accident. You should call your insurance company because they need as much information as possible about the accident. For instance, the other vehicle driver's information, the police department that is investigating the crash, and your injuries. Since you are injured,  you should go to the hospital. You should not talk to the other driver's insurance company. Under the Michigan No-Fault Act  injury claims for pain and suffering are against the driver that caused the accident. Before you commit to any statement, you should meet with a qualified personal injury attorney. The Law Offices of Gerald R Stahl has represented injured victims since 1982. It is too important to your future to try to deal with your problems without a professional attorney. Any wrong statements could potentially hurt your chances for fair recovery.

Excessive force not the only issue in Derek Copp case?

Whether the police officer used excessive force in making the arrest of Derek Copp is not the only issue. I admit that police do have a difficult job, and at times it is very dangerous. However, the raid on Derek Copp was probably not one of those situations. The reality is that kids or young people such as Derek Copp, 20, should not all be labeled as drug dealers. Generally, these young people have little money, small quantities, and they share their marijuana. How else could they get the marijuana? If they grow it, that is manufacturing, a felony. The law in this area needs to be changed. Essentially, the quantity issue should be addressed. Technically, anyone that shares a marijuana cigarette is guilty of delivery, a felony. Why? When they pass it they are transfering it in violation of the law. If you sell, transfer, or deliver marijuana, it is a felony. Now, more than ever, with legal possession in Michigan  for medical marijuana use and possession the time has come to change the underlying laws. The Derek Copp case will be debated and argued on both sides, but the use of force is just one of the issues. I do not condone the use or possession of  Marijuana and it is still illegal. But, eventually these issues should be addressed.

Lawyer Mailings after an accident

I recently had a friend that was rear ended in a car accident in Grand Rapids, Michigan. In order to be safe, she went to the hospital to get checked out. It turns out she was not injured. However, in the ensuing days she received numerous mailings and brochures from personal injury attorney's from all locations in the State of Michigan offering to represent her. She even received calls on her home telephone voice mail. It was almost overwhelming for her.The reason for this is that the accident report is public record and it contains information on  whether someone may have sustained injuries. Some people feel this  practice is an invasion of privacy. And, the family could be in the process of grieving.  If you are injured in an auto or truck accident in Michigan the best way to find a Lawyer is to ask a friend or family member for a referral. And, make sure the attorney has experience in recovery of damages for auto or truck accident victims.

"No Fee Guarantee" in Personal Injury Accidents

What does "No Fee Guarantee" in Personal Injury or Accident Cases really mean? It does not mean you are getting special treatment. In fact, in almost all personal injury cases, such as car accidents, lawyers for the victims work on a contingency basis. That means the lawyer does not require a retainer fee, but gets paid a percentage of the amount recovered for the client. In Michigan, that percentage amount is normally 33%. The reason for this agreement is that in most cases an injured victim does not have the money to risk on large retainers or a large hourly rate. So, the contingency fee is the preferred method of payment and has several advantages for both the attorney and client. The Law offices of Gerald R. Stahl has represented victims of serious auto accidents in Michigan for 30 years. http://www.geraldrstahl.com/history.php