Category: Hicks & Motto

 

Automobile insurance adjustors want to save their companies money on every claim, so they will try many different ways to get a claimant to accept a low-ball offer, even if their claim might call for a higher compensation. One highly questionable tactic is the quick low-ball settlement offer that is extended by the insurance company shortly after the accident takes place. Insurance companies will do this to:

• Blindside the claimant and bring the offer to their attention during a stressful time where the person might not be at their best to make an important/informed decision regarding settlement.
• Get the claimant to accept the low-ball offer prior to the victim accessing all the damages and injuries, they have sustained from the accident, without the benefit of multiple doctor visits and/or diagnostic testing.
• Have the victim agree to an offer that doesn’t represent what their claim is possibly worth Insurance Companies may also postpone/delay the processing of the claimants’ documents to try to get them to a point where they will accept anything to pay for mounting medical bills, car repairs, and everyday expenses they may be struggling to pay for after an accident. Furthermore, after not seeing any progress in a claim people will sometimes drop their claims altogether which is a win for the insurance company.

The Bodily Insurance adjustor (the at fault’s insurance company) might reach out to a claimant just a few hours after an accident to try and get details from the claimant and get them to deny that they were injured from the accident. Therefore, never speak to the adverse insurance carrier prior to consulting with an attorney. Adjusters also may ask the claimant for a statement that is recorded but again this can negatively impact the victim’s claim, as this can provide the adjustor with information to give you less of a settlement. If requested, always respectfully decline, and contact an attorney.

Insurance companies may also send the claimant a medical authorization to execute, which will allow the insurance adjuster to obtain ALL of your medical records regarding your entire life. Signing this form will allow the adjustor to obtain every medical record/report generated by every doctor the claimant has ever seen. In summary these records can be used by the insurance company to make a case against the victim that they were not injured by the accident in question and again justify giving the claimant less money for their claim.

Here at Hicks and Motto, We deal directly with the adverse insurance company so you can focus on healing and getting back to normal. Call Hicks & Motto, 561-683-2300.

 
 

Losing a loved one is never easy but losing a loved one due to the negligence of a third party is particularly difficult. Oftentimes, when we lose someone due to the negligence of others, we feel compelled to find answers, and we want someone to be held accountable for their improper actions.  In order to establish a viable wrongful death claim, however, there are three specific elements that must be met.

 

1. Negligence:

In order to hold a third party accountable for the loss of a loved one, it is first necessary to prove that the third party had a responsibility to provide a duty of care to a loved one and failed to do so, resulting in damage or injury to another person. This is called negligence. Examples of negligence may include a driver who fails to stop at a red light causing a traffic accident that injures another driver, or a physician who fails to check his patient’s chart for allergy information prior to prescribing the penicillin that causes the patient’s death.

In cases where wrongful death may have occurred due to the negligence of a doctor, nurse, or other health care provider, negligence must be proved based upon an established standard of care. This means that the negligent healthcare provider’s actions must be compared to the actions of a reasonable healthcare provider in a related background to see if the established standard of care was met.

 

2. Causation:

The second element that must be met is causation, otherwise known as the “but for” test. In a wrongful death claim, this means that the deceased would have lived “but for” the negligence of a third party. To return to the example above, the patient would not have died but for the physician’s failure to check the patient’s chart for allergy information prior to prescribing penicillin. If the physician had checked the patient’s chart, which is a reasonable standard of care for a physician, the physician would have known not to prescribe penicillin to the patient, and the patient would have lived.

 

3. Damages:

The final element to be met is damages. This means that it is necessary to prove to the court that the loss of your loved one caused losses that impacted you and your family in a negative way. Some examples of damages are hospital bills, the pain and suffering endured by the deceased, burial and funeral costs, lost income, and loss of companionship. Unless proof of these losses is provided, the element of damages cannot be met.

 

If you have questions regarding a possible wrongful death claim, contact the attorneys at Hicks & Motto for a consultation free of charge. You have questions, we have answers.