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Q: Is there ever an instance where insurance bad faith is not an intentional act, but just the ineptitude of the people who work there? In Nevada, insurance bad faith does not need to be intentional. You don’t need to prove that your insurance company intended to harm you through bad faith conduct. You only […]
There are several actions that an insurance company may do that could support a claim against them for insurance bad faith cases. An insurance company may fail to disclose policy benefits to the detriment of the person who bought the insurance policy. For instance, the insurance company may withhold important information about the policy benefits […]
Historically, the Tort Claims Act came from England where the king was perceived as someone who could do no wrong, so the king had immunity for certain acts. The United States took over that legal theory that the government could do no wrong. The Tort Claims Act has exceptions to the theory that the government […]
For physical elder abuse, the damages you would sue for depend on the severity, the type of injury, pain and suffering, future medical costs and then potentially depending on the scenario, punitive damages against the caretaker. Q: What are punitive damages as they relate to elder abuse? There is an amount of money that is […]
About 99% of all civil actions settle, and elder neglect or elder abuse cases are not outside of the norm. However, when we take the case, we are ready to go the distance because we know the offender and their insurer will likely offer a settlement lower than is fair to the victim. No matter […]
There might be an insurance company that has agreed to defend or indemnify an individual accused of neglect or elder abuse. The neglect is more likely to have coverage insofar as it is more of a negligent act. Most commercial general liability or liability policies cover negligent acts and have specific exclusions for intentional acts. […]
Often, with elder financial abuse you hear about unusual arrangements where someone contacts a person who has dementia or cognitive issues and they get them to give their credit card information. It could be a home caretaker or someone who is in charge of taking care of the individual who uses their relationship with the […]
It is recommended that you stay off social media. Social media is generally not a good idea for your claim. It can only get you in trouble and will not help your case. Often, people might feel well for a day but then the next day they can feel awful and can’t go to work […]
With long-term disability insurance claims it is basically where the insurance company and most disability plans say they would pay monthly benefits until the individual reaches the age of 65. So, if you are injured very young and get disabled, the insurance company might offer to pay a lump sum instead of the monthly benefits […]
One instance when we’d seek punitive damages is when you have a truck driver not following the regulations because the trucking company was telling the driver to drive more hours than permitted. That scenario would show a conscious disregard for the safety of others, justifying our effort to recover punitive damages on our client’s behalf. […]
