Sovereign Immunity is a legal doctrine that protects governments from lawsuits. It stems from an old English common law principle: The king can do no wrong.
Not until 1946 did Congress begin carving out exceptions to this rule as it pertains to injury claims. The Tort Claims Act waived sovereign immunity for certain categories of injuries caused by the United States or Federa…
Insurance Adjusters are People Too
An adjuster suggested that my case was worth only “nuisance value.” I replied, “You may be willing to settle for nuisance value, but I have to tell you. I can be A VERY BIG NUISANCE…. Just ask my wife.” The adjuster chuckled.
I try to approach my communications with insurance companies and their defense lawyers with a touch of humility, and wher…
NEGOTIATING STRATEGIES TO LIEN ON
When it comes to negotiating those pesky health insurance liens, don’t despair. Rejoice! These liens add value to your case. And handled properly, you can maximize both your fee and your client’s bottom line. Timing and tactics are the keys to unlocking this knotty task.
When is the best time to start the negotiation with the lien holder/collection…
An adjuster suggested that my case was worth only “nuisance value.” I replied, “You may be willing to settle for nuisance value, but I have to tell you. I can be A VERY BIG NUISANCE…. Just ask my wife.” The adjuster chuckled.
I try to approach my communications with insurance companies and their lawyers with a touch of humility, and where appropriate, humor. They may be expecting…
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Getting started is tough — but it’s exciting.
ACCORDING TO the National Association for Legal Career Professionals (“NALP”), the employment rate for new law school graduates is at a 15-year low. The depressed economy is a big part of the problem. Recent grads now have to compete for jobs with the many experienced lawyers who have been laid off by law firms suffering from financia…
The Role of Emotion in Injury Litigation
One very important factor in how insurance companies evaluate injury claims involves emotion. If the plaintiff is likely to evoke strong sympathy from the jury, that is a case the insurer will want to settle. It is the lawyer’s job to convince the insurer that this is exactly what is likely to happen. But it’s a delicate dance. Overdo it and t…
IMPROPER INSURANCE PRACTICES
Insurance companies are in the business of making money. Make no mistake about that. They fight hard to hold onto their money as long as possible and payout as little as possible. That is just the way it is and there is nothing inherently wrong with that.
Occasionally, however, insurance company employees, in their enthusiasm for maximizing company profits, st…
Social networking sites like Facebook, Twitter, MySpace, etc. continue to grow. These sites have tools to maintain privacy. But is any online content truly private?
On Facebook, access to one’s information comes via a process called “friending”. It is important that you “friend” only people you know. What is to stop a lawyer from “friending” an opposing party in order to…
