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…
The 10 Worst Litigation Mistakes
1. Don’t try to make your case better than it is. If your injuries have healed to the point where you can go back, go back to work. Juries like people who want to work, even through pain. Juries don’t like malingerers or people who try to milk the system.
2. Don’t lie to anyone. That includes your lawyer, your doctor or the opposing lawyer or doctor.
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…
Stanley Thompson is the Director of the Case Management Conference Center, a post he has held for nine years. He served as Supervising Case Manager before becoming Director. He graciously agreed to update us on what’s new and important in this program.
The Case Management Conference is typically held 90 days after the initial filing. Conference memoranda are filed electronically fiv…
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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…
