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Failure to Defend One of the protections provided under an automobile policy, a homeowner’s insurance policy or commercial general liability policy is liability coverage. Liability coverage protects the insured (i.e. you) against a claim or lawsuit resulting from bodily injury or property damage to others. Included in such protection is the insurance company’s promise to […]
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 […]
You can get your medical bills reimbursed. And if you have future treatment for injuries, you could request the value of what it will cost in the future to pay for those injuries. If you have to miss work, then you would request lost wages. If you can’t support your dependents, that would go into […]
If you have the accident report, medical documentation of where you were treated; not necessarily all of your records but who you treated with and the dates you were treated, so we can request those documents, your insurance information, the insurance information that you collected from the other drivers – their name, address, insurance, all […]
Typically, the attorneys who represent the client who is the lead class representative requests to be appointed Lead Counsel. If it’s a scenario where a number of attorneys file for class action, filing complaints on behalf of their various clients, it could be the first to file, but the courts also look at other factors […]
There are a number of ways that class action attorneys’ fees have been paid. It can either be an amount that is negotiated, so the defendant pays attorneys’ fees, or if it’s a lump settlement, then the attorney’s fees can be paid out of that lump settlement. But in every scenario, the attorneys have to […]
If you don’t want to be part of the class action, you can hire an experienced attorney to pursue your claim. So, you get the notice in the mail that says you have the right to stay in the class. If you don’t do anything you’ll stay in the class, and the class will decide […]
In the instance of the Special Master who is reviewing damages before the settlement or judgment, a claimant can have some input about the damages for themselves. In the course of a large class action lawsuit we recently settled, the court appointed a Special Master to calculate the amount of damages. The Special Master came […]
If there has been a settlement or a judgment, typically notice has been sent out to the class members advising them of the award or the settlement, and the terms of the settlement. The notice gives them a time and place to object to the class action settlement, and if you truly are upset about […]
It depends on the specifics of the case. But, at the end of the day, they always like the Class Action, even if they fought tooth and nail to get it certified, they do like the fact that at the end of the day, all their liability is wrapped up, so they can move on […]
