Practice Areas
Blog 
Nursing Home Abuse & Neglect
- Skilled Nursing Facilities - Real Estate or Health Care?
- Nurse-to-Patient ratios have affected care in nursing homes.
- Omega's nursing home/long term care acquisitions: can nursing homes plead poverty?
- Nursing Homes Misuse Money Marked for Staffing: Evidence of Corporate Neglect?
- Nursing home abuse in North Carolina, Unfair Arbitration Clauses
Medical Negligence, Mistakes and Malpractice
- Medical Malpractice Myth - Tom Baker's Book
- Medical Malpractice Insurers Faked Lawsuit Crisis
- Medical Malpractice and Tort Reform: AAJ Primer
- Would Tort or Medical Malpractice Lawsuit Reform Lower Health Care Costs?
- Americans for Insurance Reform Articles on Medical Malpractice
Personal Injury & Wrongful Death
- Auto Accident Insurance (Underinsured Motorist Coverage)
- Life Care Plans for Future Care in Personal Injury Cases Add Up
- $1.9 Million Settlement to Man Killed by Drunk Driver
- Threat of Personal Injury from Dog Bites in Fayetteville North Carolina
Insurance: Unfair Insurance Claim Practices
- Assurant Insurance (formerly Fortis Insurance) Pays Dearly For Misconduct
- Buying Disability Insurance Article May Help Avoid Problems With Unfair Disability Insurance Claim Denials
- Unum Insurance, Provident Life Insurance, Paul Revere Insurance - Regulatory Settlement Details, etc.
- Independent Insurance Adjusters - Help With Insurance Claim Problems
- Insurance Bad Faith Claims on Wikipedia
General
News
- Article on Nursing Home Injury and Nursing Home Wrongful Death Lawsuit Pioneer
Posted on 5/14/2009 - Sunbridge Nursing Home Lawsuit Filed
Posted on 5/13/2009 - Family sues nursing home in alleged sex attack
Posted on 5/13/2009 - Kindred Nursing Homes and Hospitals' Profits Increased in First Quarter 2009
Posted on 5/6/2009 - North Carolina Medical Malpractice Case Filed Against Hospital Over Death Of Child
Posted on 5/5/2009
Pleasant Law Blog (Insurance Claims, Medical Misakes, and Nursing Home Claims)
North Carolina Injury and Wrongful Death Attorney Thomas Waitt Pleasant's blog, facilitating commentary on North Carolina nursing home abuse, injury, neglect, and wrongful death; as well as medical malpractice, medical mistakes and medical negligence. Topics also include unfair and bad faith insurance claims practices.Medical Negligence, Mistakes and Malpractice
Doctor Alleged to Have Ignored Patient Drug Allergy, Leading to Hospital Death
By North Carolina Medical and Surgical Negligence, Malpractice, Mistakes, and Errors Attorney Thomas W. Pleasant (Fayetteville, Raleigh, Wilmington, North Carolina).The following link, http://www.post-trib.com/news/1111760,hospdeath817.article takes you to a recent Post-Tribune article about a medical malpractice case where the doctor allegedly ignored the drug allergy of the patient. This patient had had a severe reaction to morphine after some prior medical treatment, and the family allegedly told the healthcare providers about this allergy before she went for some fairly routine type back surgery. Despite the warning, morphine was given, and the lady ended up dying as a result of this medical mistake. Time and litigation will have to flesh out what exactly happened, and whether there are legitimate defenses to this medical malpractice claim, but the allegations here smack of negligence, at least on the surface. These are the kinds of situations where a legal claim or lawsuit might be justified. A “family warning” case of a similar nature recently came through my office. In that case, a lady underwent the insertion of a dialysis catheter, by way of her jugular vein. The family warned the surgery center – during the intake session with the nurses at the hospital – that their mother had weak vessels in her neck area, a possible alternative site for the patient’s dialysis access catheter. Also, the problems with the blood vessels were known by the patient’s nephrologist, or kidney doctor (who was not to be actually performing the catheter insertion). For some reason, neck access for the catheter was attempted, a vessel was punctured, and the patient bled to death. While there is a legal argument that the puncture of the vessel was a known risk of the surgery, that does not mean that the puncture during surgery was within the “standard of care” applicable to the physician. Additionally, the records seem to reflect that nobody on the surgery team noticed the tell-tale signs that this patient was bleeding to death. Noticing the signs of the patient’s hemorrhaging internally would have allowed “converting” the surgical procedure into an “open” procedure, whereby the damage to the vessel could be located and repaired. Interestingly, the surgery center has produced some records, and they do not contain key records previously provided to the patient’s family (record reflecting the details of the “code” situation once the doctors and nurses realized this patient was in a life or death situation). At this point, this kind of possible concealment seems to reflect some serious concern about liability. When medical malpractice lawyers take on cases like this, the proper attitude to take is, of course, the attitude of getting to the truth. But when hospitals, doctors and other health care providers “hide the ball” like this, it hurts everyone. A medical negligence lawyer won’t bring a frivolous lawsuit – to do so jeopardizes the huge sums of money (the costs of the lawsuit) that the attorney risks. But if it is necessary to file a lawsuit or claim in order to even get all the records (via court order, etc.), then it makes it difficult for the lawyer to avoid having to file the lawsuit. This is also instructive in that, if you think you or a loved one has suffered negligence at the hands of a doctor, hospital, nurse or other healthcare provider, and if you are considering taking legal action or filing a legal claim as a result; you should immediately secure the medical records yourself.Informed Consent in Medical Malpractice Cases May Not Be What You Think
An interesting article about the doctrine of “informed consent” at the link in the heading of this blog is worth taking a look at. In the medical malpractice context, informed consent is not exactly what some clients think it to be. In a case I am working on now, a patient was killed (she bled to death) during surgery. This patient consented to the surgical procedure, for which there certainly were known risks and complications. The complication that occurred was the puncture of a blood vessel. This patient had signed a “consent” form, agreeing to the procedure. The patient’s family, whom I represent, were under the impression that, because this form (presented to the patient at the hospital) was signed by the patient, that any bad result from the surgery was a risk agreed to, and this family was not sure whether they had any legal right to hold accountable the hospital, doctors, nurses and other healthcare providers involved in the surgery. First, “informed consent” generally has nothing to do with the negligent performance of a surgery or other healthcare. Informed consent simply means that the medical provider informed the patient of the possible risks, complications, and bad outcomes that could result from a medical procedure – even if the doctor, nurses, or hospital acts clearly within the standard of care. Informed consent has more to do with whether these risks, complications, and bad outcomes would have caused the patient to decide not to have the procedure. If you have any sort of legal claim (or you think you may have a legal claim) against a doctor, hospital, nurse or other healthcare provider, informed consent could be an issue. I would advise consulting a lawyer who handles cases involving medical errors, medical mistakes and medical malpractice. My office provides free consultations, in many cases with registered nurses, to evaluate your possible medical malpractice legal claim, whether the case involves a wrongful death, or injury. You may contact The Law Offices of Thomas Waitt Pleasant, PLLC toll free to discuss your case. We can meet with you at your convenience, to include meeting at our Fayetteville, Wilmington or Raleigh locations; or we can come to you to discuss your case.New Fetal Monitoring Standards: Relevant to Birth Injury Medical Malpractice Cases
Fetal monitoring is a critical part of any birth injury medical malpractice case. When a baby has been hurt or killed during labor or birth, a review of the fetal monitoring records is critical. Standards change as medicine evolves, of course. You can read the latest research guidelines for electronic fetal monitoring published in the September issue of Obstetrics & Gynecology, at http://www.greenjournal.org/cgi/content/abstract/112/3/661. The updates and revisions to the 1997 consensus guidelines have been adopted by ACOG, AWHONN, RCOG, and SOGC. Note that there are new definitions for assessing contractions and uterine activity. Hospitals should be adopting these revised guidelines You should assume that these revised guidelines will slowly be adopted by hospitals and professional organizations.If you have a possible claim against a doctor, nurse, hospital or other healthcare provider for a medical mistake, error or medical malpractice – anywhere in North Carolina – contact my office for a free consultation. We can arrange to meet you anywhere in North Carolina, including our Raleigh, Fayetteville and Wilmington locations. Let an attorney consider your case and advise you to help you determine whether you actually have a legal claim with merit. http://www.pleasantlaw.com/practice_areas/medical-negligence-mistakes-and-malpractice.cfm
Medical Errors Attorneys and the "Medical Malpractice Crisis" - Read for the Reality
Unfortunately, Medical errors (whether in a hospital, doctor’s office or nursing home) are one of the nation's leading causes of death and injury. The Institute of Medicine reports that as many as 44,000 to 98,000 people die from medical errors and negligence in hospitals in the United States each year. This means that more people die from medical errors than from motor vehicle accidents, breast cancer, or AIDS. (See Agency for Healthcare Research and Quality (2000). 20 Tips to Help Prevent Medical Errors. Patient Fact Sheet (AHRQ Publication No. 00-P038). Rockville, MD: Agency for Healthcare Research and Quality.)It astounds many people to hear this statistic, and puts fear in some people. The reality, though, is that medical malpractice is a problem. It does no good for people to stick their heads in the sand and ignore the problem. The other reality is that attorneys who handle cases dealing with medical errors, mistakes, negligence and malpractice are necessary. One hears often about a “medical malpractice crisis,” but it appears that the crisis is in the high number of injuries and deaths that occur from errors, mistakes, negligence and malpractice – as opposed to a crisis in the number of lawsuits. Many people complain about attorneys and lawsuits, until they themselves are faced with having been severely injured or hurt; or when a loved one (perhaps one who provides critical economic support to a family) is actually killed by a medical error or negligence or abuse in a nursing home. In that case, often one finds that there is nowhere to turn, as the insurance companies are not willing to face up to the loss and compensate the medical mistake victim or that victim’s family appropriately. A dedicated lawyer is often the only way a wrongful death or injury victim can get a fair result in a medical negligence situation.
Contact my office for a consultation is you have a negligence or wrongful death claim or case against a North Carolina hospital, doctor, nurse, nursing home or other healthcare provider. You can call Toll Free, 888-435-7156. We handle cases throughout North Carolina, and can arrange to meet you anywhere. We have office locations in Raleigh, Fayetteville, and Wilmington, North Carolina.
More information on medical patient safety and medical malpractice is available at:
http://www.ahrq.gov/qual/errorsix.htm
http://www.pleasantlaw.com/practice_areas/medical-negligence-mistakes-and-malpractice.cf m
http://www.pleasantlaw.com/practice_areas/nursing-home-abuse-neglect1.cfm
Medical Malpractice Article: "Not Worth the Pain and Suffering" - a Surprise from the Business Community?
A recent Forbes article about medical malpractice lawsuits caught me by surprise. The article is at http://www.forbes.com/business/forbes/2008/0915/034.html and makes a compelling argument against “tort reform.” Specifically, “reform” that limits the amount of money plaintiffs in medical malpractice claims (including, arguably, nursing home abuse and negligence claims). Although North Carolina has not been affected by caps on “non-economic” damages, the threat looms. Coming from a business magazine like Forbes should be encouraging to those who care about the realities involved in cases of medical negligence/mistakes against hospitals, doctors, and other healthcare providers. The reality is that there are many cases where legal action for injury or wrongful death resulting from negligent healthcare is more than justified; and necessary in order to help encourage real “reform” (reform in industries where injuries and death are too commonplace due to negligence, carelessness and indifference). There are many great hospitals, doctors and other healthcare providers out there. But there are some who are incompetent and dangerous. The government has neither the will nor the resources to combat/police the bad and dangerous ones; and civil litigation has been, and will likely continue to be, one of the most effective ways to fight the problems that underlie many medical malpractice lawsuits. Often in these cases, the medical mistake at issue was entirely preventable; but because of “forces” in the industry (money/insurance pressures, e.g.) no solution was ever seriously considered, and certainly not implemented.For more information on nursing home injury, abuse, neglect and wrongful death, visit http://www.forbes.com/business/forbes/2008/0915/034.html. More information about medical mistakes, negligence, and errors, see http://www.pleasantlaw.com/practice_areas/medical-negligence-mistakes-and-malpractice.cfm.
If you have a possible claim against a nursing home, doctor, nurse, hospital or other healthcare provider for a medical mistake, error or medical malpractice – anywhere in North Carolina – contact my office for a free consultation. We can arrange to meet you anywhere in North Carolina, including our Raleigh, Fayetteville and Wilmington locations. I can help you determine whether your claim is valid and worth pursuing.
Cost of Medical Care for Injured, But Surviving, Victims of Medical Negligence
By North Carolina Injury and Wrongful Death Attorney Thomas Pleasant. A $25 Million jury award in the northeast reflects why, in some cases, economic damages can be extremely high. http://www.nj.com/timesoftrenton/stories/index.ssf?/base/news-15/1225425982210880.xml&coll=5 ). This medical malpractice failure to diagnose case involved brain damage injuries resulting from the failure to diagnose a brain aneurysm, which ended up not killing the patient, but impairing his brain function severely. Caring for a severely brain-injured person can involve astronomical medical expenses, and the jury’s verdict, no doubt, reflected the amount shown to be necessary to care for this victim of medical negligence. In cases such as these, generally a “life care planner” will testify as to the injured victim’s future medical care and expense needs. This particular medical malpractice victim will, for one thing, require 24-hour a day skilled nursing home care. As I have mentioned in other blog entries (see my "Personal Injury and Wrongful Death" blog at http://www.pleasantlaw.com/blog/?catid=564, attorneys handling medical negligence and mistake cases against doctors, hospitals, nurses, and other healthcare providers understand why verdicts can be so high; unfortunately, many people misunderstand and fall into the hands of those arguing for “tort reform.” The jury obviously understood why so much money was necessary in this case in order to make up for the harms and losses of this injured victim. Many people mistakenly think that juries are more likely to include large amounts of money in their verdicts when someone has been wrongfully killed by medical mistakes or negligence (a “wrongful death” lawsuit”); but the reality is that the amount of money for harms and losses for an injured, but surviving, victim is often more. Again, this is due to the high cost of future medical expenses and care. If you have questions about a North Carolina wrongful death or injury case or lawsuit, whether related to medical care or nursing home care in North Carolina, contact my office for a free consultation. We will come to you, no matter where you are in North Carolina, in the appropriate cases. We also offer consultations in our Fayetteville, Wilmington, and Raleigh North Carolina Sattellite locations. For more information, please visit:http://www.pleasantlaw.com/
http://www.pleasantlaw.com/practice_areas/medical-negligence-mistakes-and-malpractice.cfm
http://www.pleasantlaw.com/practice_areas/nursing-home-abuse-neglect1.cfm
Cap on Medical Malpractice Damages in Medical Negligence Cases Criticized
By Thomas Pleasant, North Carolina Injury and Wrongful Death Attorney. A western state’s medical negligence law implementing caps on damages in cases involving bad medical care has been criticized recently (see http://www.mercurynews.com/news/ci_10873457?nclick_check=1 ). Caps on damages in these cases, as a practical matter, often leave victims hurt or killed by doctors, hospitals and nurses with little recourse for compensation for their injuries. Medical error attorneys interviewed for this article pointed out, among other things, that they have been forced to stop taking many otherwise legitimate cases; and that the reason that there are so many medical malpractice lawsuits (for injuries and wrongful death) is because there are just so many medical mistakes and errors that rise to the level of medical malpractice. In any event, it is an interesting read, and deals with what is obviously a hot topic today. The American Association for Justice (AAJ) has some interesting stuff on its website about the myths that have lead the American public to believe that we have a lawsuit crisis. Go to http://www.justice.org/cps/rde/xchg/justice/hs.xsl/2011.htm for that information. If you think you or someone you love has been wrongly hurt or killed by a hospital or doctor, my law firm can help you evaluate your case and figure out whether you have reason to try and get compensation through the judicial system. We handle cases throughout North Carolina involving medical malpractice, negligence and medical mistakes and errors. We also handle nursing home injury, abuse, neglect and wrongful death cases. You can contact my firm Toll Free at 888.435.7156. Visit the other areas of my website at www.pleasantlaw.com.Personal Injury & Wrongful Death
Threat of Personal Injury from Dog Bites in Fayetteville North Carolina
There have been a number of serious dog bite/attack reports (and related personal injuries) in the Fayetteville, North Carolina area recently. Often, as one would expect, the dogs involved in these cases are often of a “dangerous breed,” such as pit bull, etc. People often seem unaware of how dangerous these dogs can be, and do not take adequate safeguards to protect others from their dogs. Sometimes people believe that because their dogs have good demeanor around their owners, that they don’t pose a threat to others. While people certainly have the right to own dogs, in order to avoid liability for personal injury to others, they have to do things to protect the public such as install fences, diligently use leashes, etc. If someone has been bitten or injured by another’s dog, in a personal injury lawsuit special laws on the books can help injured plaintiffs recover. There are, for example, special laws dealing with attacks by dogs of a breed known to be dangerous (like pit bulls). Because of these laws, liability for personal injury resulting form a dog attack is increased. The law in most places also makes it easier for an injured personal injury plaintiff to recover where a dog’s owner knew of dangerous tendencies of the dog or dogs. If you have been injured through a dog bite/attack, a personal injury attorney or lawyer can help you understand the protections and rights that arise from the dog bite laws in North Carolina.
Labels:
$1.9 Million Settlement to Man Killed by Drunk Driver
AAJ’s Law Reporter (December 2007) recently reported a $1.9 million dollar settlement to the family of a man killed by a drunk driver who was driving in the course and scope of his employment. This case shows that the consequences of driving under the influence don’t stop with criminal problems for drunk drivers. In this case, the defendant was employed by his parents who were also exposed to serious liability for negligently entrusting the vehicle to their son who apparently had a history of drinking and driving. Also, because the defendant in this case had been entrusted with the car by his parents (who had some knowledge of his drinking propensities), his parents had liability for personal injury and/or wrongful death under the “vicarious liability” theory. In this case, not only was the defendant drunk driver exposed to potential criminal liability; but his actions also exposed he and his parents, and their business to wrongful death liability. This case was a Louisiana case, but the size of this personal injury verdict should give parents, business owners, and especially drunk drivers in North Carolina pause as well.
Labels:
Life Care Plans for Future Care in Personal Injury Cases Add Up
Often in personal injury lawsuits or cases, the cost of continued care is the single biggest part of the damages awarded by a jury, or the amount for which that personal injury case is settled. For example, an Arizona jury recently awarded a 15 year old Arizona boy and his parents about $9.14 million. Much of this verdict had to with the seriousness of the traumatic brain injuries suffered by this boy, whose future medical costs were estimated at up to $3.5 million. Additionally, this boy’s loss of earning capacity was a substantial estimated $2.12 million. People are often upset by large jury verdicts, but fail to consider the true economic reality that often results from other’s negligence or carelessness in personal injury or wrongful death cases. These verdicts are not driven by greed or irrationally on the part of lawyers or jurors. These verdicts are made up, in my opinion, most often of amounts designed to truly and fairly compensate personal injury and wrongful death plaintiffs. Plaintiffs must back these figures up through the use of testifying experts who understand the cost implications of these personal injuries and the treatment that is expected and necessary.
Labels: Medical Expenses Personal Injury
Auto Accident Insurance (Underinsured Motorist Coverage)
If you are ever in an automobile accident, be sure your attorney understands how uninsured and underinsured motorist insurance coverage works. It is not uncommon for damages to exceed the amount of coverage available when there is a catastrophic automobile accident with personal injury or wrongful death. All purchasers of automobile insurance are required to be given the option of purchasing uninsured/underinsured motorist coverage when they buy their liability automobile insurance policy. If the insurance company does not offer the insurance and get the purchaser to sign a form (provided by the NC Rate Bureau), then that policyholder is automatically considered to have the maximum uninsured/underinsured motorist coverage. If you have been in an auto accident in North Carolina, whether in Wilmington, Fayetteville, or Raleigh, you should have an attorney review the coverage available so that your claim can be evaluated and the proper course of action determined.Labels:
Insurance: Unfair Insurance Claim Practices
Assurant Insurance (formerly Fortis Insurance) Pays Dearly For Misconduct
Insurance company Assurant Health Insurance pays dearly for unfair claims practice / bad faith insurance in its handling of health insurance for the plaintiff in this lawsuit. Insurance lawyer handling the lawsuit and trial argues the company formerly known as Fortis Insurance must be taught a lesson for its bad conduct.Buying Disability Insurance Article May Help Avoid Problems With Unfair Disability Insurance Claim Denials
Wrongful denial of disability insurance benefits, including long term disability benefits from companies like UNUM Insurance, Provident Insurance, CIGNA Insurance, The Hartford Insurance, John Hancock Insurance and others: this article could help you avoid unfair insurance claims practices by insurance companies.Unum Insurance, Provident Life Insurance, Paul Revere Insurance - Regulatory Settlement Details, etc.
Unum insurance / Unum provident insurance regulatory settlement for its questionable insurance claim practices and activitiesLabels: The Hartford Insurance UnumProvident
Independent Insurance Adjusters - Help With Insurance Claim Problems
Problems with insurance claims with insurance companies like Nationwide, Allstate, State Farm, Progressive, GEICO, and others, sometimes require an insurance lawyer.Insurance Bad Faith Claims on Wikipedia
Insurance bad faith claims practices and unfair claims practices lawyer comments on Wikipedia article about insurance bad faithLabels: Insurance Claim Denial
Long Term Disability Insurance Benefits Denied Unjustly?
Long Term Disability Insurance Claims Denied Unfairly and in Bad Faith by Insurance Companies like Liberty Mutual Insurance Company, The Hartford Insurance Company, Unum Provident Insurance, John Hancock Insurance, Prudential Insurance, MetLife Insurance, Travelers Insurance, Nationwide Insurance, Allstate Insurance, American Heritage Insurance, and Zurich Insurance.McKinsey Insurance Claims Documents: Allstate Insurance's "Zero Sum" game?
Allstate Insurance Company McKinsey documents regarding Allstate's alleged bad faith and unfair insurance claims practices (where an insurance company wrongfully denies a claim)Hartford Insurance Story on ABC: Bad Faith/Unfair Insurance Claims Practices? You decide...
By Thomas Pleasant, North Carolina Insurance attorney. I ran across this informative video regarding Hartford Insurance practices in cutting disability insurance benefits to what appear to be deserving disabled clients. This happens more often than people might think. Sure looks to me like unfair insurance claims practices. If you are having a problem with an insurance company involving an insurance claim, contact my office. I do free consultations on most insurance bad faith and insurance unfair claims practices cases. Whether you are having a problem with Allstate Insurance, State Farm Insurance, Farmers Insurance, Unum Providence Insurance, or The Hartford; I may be able to help you. Cal Toll Free, 888-435-7156.Labels: Insurance Claims Lawyer
Fight Bad Faith Insurance Companies Website
This website, Fight Bad Faith Insurance Companies (FBIC) has some decent information about insurance companies the site claims engage in unfair insurance claims practices. The site's "Hall of Shame" top 3 include The Hartford insurance, State Farm insurance, and Allstate insurance. I am not sure who runs this site, but perhaps it will help someone avoid finding him or herself in a bad insurance claim situation. North Carolina has some fairly strong insurance bad faith and unfair claims practices law, so if you find yourself having a problem (denied insurance claim, etc.), you might want to consult an attorney who handles insurance law. My office handles these and provides a free consultation in most insurance claim cases. The Law Offices of Thomas Waitt Pleasant, PLLC | Toll Free: 888-435-7156 | Wilmington, NC | Fayetteville NC.Insurance Claim Payment Delays: Are They Unfair?
By Thomas Waitt Pleasant, North Carolina Insurance Lawyer, Toll Free 888.435.7156. Whether an insurance company's delay in payment on an insurance claim (whether for homeowner/fire insurance, health insurance, disability insurance, or other insurance), may or may not be in bad faith. It depends upon the circumstances and reasons for the delay. An article from Risk & Insurance Online discusses this topic. I recently handled a case involving a six-month delay in the denial of a homeowner's insurance payment, after his home burned in a fire. The insurance company in that case did not even take a position in writing before jumping out and suing my client in federal court. It took several months of litigation maneuvering to get the court to allow my client to assert insurance bad faith and unfair claims practices claims; but once this was accomplished, the insurance company ended up paying a substantial settlement to my client. In that case, there was (in my opinion) no excuse for denying the insurance coverage at all, much less delaying the denial decision for approximately six months. There are more details to the story of this case, of course, but the bottom line is that insurance companies must have a legitimate, solid reason for delaying the payment of an insurance claim on an insurance policy; lest it will risk liability for insurance bad faith and/or unfair insurance claims practices. All insurance companies are subject to the laws protecting consumers from bad insurance claims handling practices. Just because your insurance company is a big insurance company, you should not necessarily be sure that bad faith delays won't happen to you. Whether your company is State Farm, Nationwide, Liberty Mutual, Unum, USAA, GEICO, Allstate, Prudential, or any other large insurance company, the same obligations are owed to you as a policyholder. If you are having trouble with your insurance company paying what it owes you, contact my office for a free case consultation/evaluation. Toll Free 888.435.7156.Labels: Insurance Bad Faith
Would Your Insurance Company Sue You? It Can and Does Happen.
By Thomas Waitt Pleasant, North Carolina Unfair Insurance Colaims Practices Attorney. Toll Free 888.435.7156. Attorneys are seeing an increase in the insurance claim tactic by insurance companies whereby they simply sue their own insured/policyholder, rather than just deny the claim. This is a particularly abusive and unfair tactic in my mind. This is not necessarily a new insurance company tactic, but it seems to be on the increase by a number of big-name insurance companies. Technically, the insurance company may have the legal right to do this under most states' declaratory judgment laws, but the technical right to handle an insurance claim this way does not necessarily make the tactic fair or in good faith. In my opinion, this conduct is without question in bad faith. A typical scenario might be that, after you submit your insurance claim (whether for fire damage to your house, for medical insurance, cancer insurance, etc.), the insurance company decides it thinks there is no coverage. Rather than simply deny the claim in writing with the reasons for the denial, as they relate to the insurance policy provisions (as many states' unfair claims practices laws requires), you get served with a lawsuit. If your insurance company sues you, you should get an insurance attorney immediately. Once you are sued, deadlines will apply to your lawyer's filing of a proper response to the lawsuit, and how this is done can have a dramatic effect on the outcome of your case. If the insurance company did not actually handle your claim properly (for example, by failing or refusing to thouroughly and objectively evaluate your insurance claim), your lawyer should file counterclaims (a countersuit) for unfair claims practices, bad faith, and, probably, several other types of claims. I generally provide free consultations to people who have been sued by their own insurance company. Contact my office Toll Free at 888.435.7156.Incredible Allstate Insurance
Allstate Insurance is appearing in the news a lot lately, and in an unfavorable light. Several articles on my website library attest to the problems this company has.Labels:
On Insurance Claim Fairness
When considering bringing a bad faith lawsuit, remember that what this is all about is fairness. If someone as consulted an insurance lawyer because his or her insurance company has violated unfair claims practices statutes, or acts in bad faith, or otherwise mishandles an insurance claim; that client is put in a bad position. Now, because this person has had to involve an attorney in order to get paid on the claim, that attorney will have to be paid for his or her time. When an insurance company comes out and decides to pay only after the policyholder hires a lawyer, it does not make the policyholder "whole." At that point, the policyholder is entitled to "extra contractual damages," or, damages beyond what was owed contractually under the policy. For one thing, that policyholder now has attorney fees to pay (if not paid out of pocket already). Also, that policyholder may be entitled to additional damages based on the delays and other conduct involved in the mishandling of the claim. It happens very frequently that an insurance company delays or denies a claim, then coincidentally decides to pay it once the policyholder hires a lawyer. What I try to do as an insurance lawyer is help people understand these issues, and analyze the appropriateness of their claim and the likelihood of recovering damges beyond those owed on the insurance policy itself. I think it is good advice to say that policyholders/claimants should make absolutely sure they are doing everything possible to comply with the policy requirements and cooperate with the insurance company. The worst thing that can happen is that you will get paid.Labels:
Insurance Law: $8.5M Verdict Against State Farm Upheld
A Missouri court of appeals recently upheld a verdict worth nearly $8.5 million against State Farm Mutual Automobile Insurance Co. The court held that State Farm Insurance Company denied a stolen-car insurance claim filed by a Kansas City policyholder. State Farm accused the policyholder of stealing the car, and later ushed to have county prosecutors file criminal charges against the customer and an acquaintance. From reading this decision, it seems pretty clear that the insurance company did not give this claimant the benefit of the doubt. Actually, the record in the case reflects that State Farms went out of its way to ignore evidence that tended to show that the insurance claimant was not guilty. This is an interesting case for insurance lawyers, particularly those handling insurance unfair claims practices or insurance bad faith cases. There is more to the story. The story was reported by Portfolio.com on 1-8-08, and can be read at:
http://www.portfolio.com/news-markets/local-news/&&&&kansascity/
2008/01/08/appeals-court-upholds-85m-verdict-against-state-farm
Labels:
Free Books
Contact Us
Wilmington, NC Office
1213 Culbreth Dr.
Suite 106
Wilmington, NC 28405
Phone: 910-509-7106
Fax: 910-202-6481
Toll Free: 888-HELP-156
Get Directions
Frequent Questions
Insurance: Unfair Insurance Claim Practices
- What if my insurance company says that my claim is not covered due to the specific provision?
- I am not sure as to the extent of my coverage, have not read my policy and not sure if my claim is covered. Does this mean I cannot file my claim?
- My insurance company has offered an unfair settlement. What can I do?
General
- How do I know if I am covered by ERISA (Employer Retirement Income Security Act) or by a private plan?
- Can I assert a “bad faith” claim for insurance provided by my employer?
- How is disability considered during the hiring process?
- What rights am I granted under the insurance policy?
- What kind of bad faith insurance claims are there?