How Overtreating Can Hurt the Value of Your Injury Claim

overtreating injuries after the accident

One of the most critical elements in any legal claim, whether civil or criminal, is the credibility of the testifying witness or claimant.  Injury claims are not an exception to this rule, and any good personal injury lawyer should urge his or her client to not get more treatment than they need, or not to continue […]

California Injury Law: Medical Billing and Settlement Damages

Since the Hanif v. Housing Authority (1988) and Nishihama v. City and County of San Francisco (2001) cases have been decided, the insurance companies have successfully argued over and over that the personal injury claimants should not be entitled to recover damages based on the actual charges for the necessary medical services received, but only […]

Releases of Liability for Injuries in California

Many gymnasiums and other facilities where there is a risk that  customer will suffer an injury, have those customers sign a release of liability which is supposed to release the business from any and all liability for injuries and damages sustained by the customer/visitors while on premises. However, not all releases are valid and enforceable […]

Personal Injury Case Mediation

Mediation is one of the settlement negotiation “tools” that the parties to an injury action can use to reach a settlement prior to later hearings and trial. Like any other way of settling an injury claim, mediations have their ups and downs. I, personally, believe that the advantages of a mediation in front of a […]

What do insurance companies/adjusters need to settle an accident injury claim?

Insurance adjusters need documentation to back up every protion of damage claim in the file of any given injury accident. If they do not have that documentation, they cannot get settlement authority from their superiors because they don’t have a basis upon which to advise their managers that a claim should be settled for a […]

Effective injury settlement negotiation with insurance adjuster

Although it might appear to many consumers that insurance companies are nothing but greedy money making machines that are only concerned with the bottom line and whose job is to shortchange or “low ball” their customers who suffer injuries in car accident and other injury incidents, it is important to remember that insurance company, like […]

How to negotiate and settle your injury claim effectively

1. Preliminary considerations in settling an injury claim Most accident injury and other bodily injury claims are settled before a lawsuit is filed, and thus before the insurance carrier of a liable party is required to retain an attorney to defend the party at fault. In all likelihood, therefore, initial settlement discussions will be with […]