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Let’s say that I’m a motorist who runs into a pedestrian. Can the insurance company simply settle for the policy limits rather than defend me in a lawsuit? Under the insurance policy, the insurance company has the right to make some of that decision, so they likely didn’t do anything improper at that point. For […]
Would you be a conflict of interest to represent both the injured pedestrian and a family member who witnessed the accident? There is a potential conflict insofar as there might be a limited amount of insurance coverage to be distributed among the two victims. For example, let’s say the insurance policy has only $100,000 in […]
Could there be punitive damages for those at fault in your pedestrian accident? It depends on the circumstances, but there is a higher level of proof. You have to prove with convincing evidence that the other person acted in a grossly negligent manner, at a higher standard than normal, and that they were acting callously […]
If you’ve been in a pedestrian accident, the main thing is to try to remain calm and check your injuries. If you can, try to keep your wits about you and move out of the street. You want to make sure you keep the driver of the vehicle that hit you there on the scene. […]
If you call my office after having a car accident, you’ll get a free consultation. It’s not going to cost you anything to get an understanding of the lay of the land and what you should do next. In my opinion, first and foremost, you want to make sure that your health is okay and […]
The defendant will use the same process as the plaintiff. They’ll ask for written documents, written questions, written request for admission, and it is a lot of work to comply. It is not a simple process. It requires thoughtfulness on behalf of the client to review the request, as well as meeting with us on […]
Under the rules of discovery, there are primarily four different avenues. Interrogatories are basically written questions to the defendant. You are limited to a certain number depending on the court. Requests for admission are written questions to the defendant, asking them to admit certain things (that the light was red, would be a good example). […]
The retainer agreement spells out the details of the relationship as attorney and client and covers most importantly, when it’s a personal injury lawsuit, the contingency fee arrangement. A contingency fee is the percentage the lawyer will be paid in the case for judgment or settlement. There is a section that addresses costs: how the […]
Whether an insurance company is going to cover injuries inflicted intentionally by its insured depends on what they are sued for. If you sue them for negligence and an intentional act, the insurance company has a duty to defend and indemnify their insured for all negligent acts unless of course there is an exclusion in […]
