Personal Injury Claim? Why You Need an Attorney (and Maybe An Insurance Attorney)

If you have been injured in an accident, whether a car accident, on the premises of a business, by a neighbor, or otherwise, you have a right to recovery for damages caused by your no-fault accident.  What many people do not know is that while your right to recovery is technically against the injuring party, typically that party has insurance coverage for the accident.  In those situations, you are dealing with the injuring party’s insurance company, not the party themselves.  Thus, your personal injury claim is very similar to an insurance claim or dispute, and an experienced insurance attorney is often the best weapon in a personal injury claim.

 

Dealing with personal injury claims can be very frustrating and stressful, particularly when you are dealing with the injuring party’s insurance company. Insurance adjusters may be difficult to deal with and an offer may seem insufficient. Many people have dealt with insurance adjusters and settled claims without realizing the full amount that they could have recovered. Clams may also be wrongfully denied. Because of these issues, you should consult with A Newport Beach insurance attorney to ensure that your rights are protected.

Why is it important to contact an experienced attorney rather than trying to handle things on your own?

When an accident occurs, the first step is typically to file a claim with the injuring party’s insurance carrier.  At this point, you are dealing directly with an insurance adjuster, but not one for your insurance company, instead one that represents the injuring party’s (i.e., third party) interests.  The third party insurance adjuster has the goal to settle the claim for as little as possible to protect both their insured and the company. They have no duty to disclose important information about the policy, and in fact may not reveal such information unless you request it, and even then, may assert a right to confidentiality and refuse to reveal the requested information. Because insurance adjusters are experienced and know what they are doing, persons who lack experience working with them may fall victim to their tactics. An experienced Newport Beach insurance attorney understands the process, and one who is experienced in personal injury claims has an advantage knowing the tactics and how to negotiate with insurance adjusters to maximize your recovery.

What can an attorney do to help?

When you are represented by an attorney during an insurance claim, the attorney will work directly with the third party insurance adjusters to negotiate a fair settlement. An attorney will be able to obtain information related to the insurance policy, including the policy payment limits. By receiving this information, you will be able to make an informed decision about whether a settlement is fair.

In the event the insurance settlement claim is in adequate, an attorney will seek to increase the amount of the offer by articulating the reasons for higher payment. If a claim is denied, an attorney will be able to pursue the appeal process to request reconsideration of your claim. If negotiations are unsuccessful with an insurance claim, an attorney can pursue legal action through the court if necessary.

The legal team at Winthrop Law Group has experience representing clients in a variety of personal injury claims. They understand the tactics of insurance adjusters and know how to respond. If you have an personal injury claim, contact Winthrop Law Group to discuss your case.

Dealing with insurance claims can be very frustrating and stressful. Insurance adjusters may be difficult to deal with and an offer may seem insufficient. Many people have dealt with insurance adjusters and settled claims without realizing the full amount that they could have recovered. Clams may also be wrongfully denied. Because of these issues, you should consult with A Newport Beach insurance attorney to ensure that your rights are protected.

Why is it important to contact an experienced attorney rather than trying to handle things on your own?

When an insurance claim is filed, the insurance adjuster typically has the goal to settle the claim for as little as possible. They may not disclose important information about the policy. Because insurance adjusters are experienced and know what they are doing, persons who lack experience working with them may fall victim to their tactics. An experienced Newport Beach insurance attorney understands the claims process, tactics and how to negotiate with insurance adjusters.

What can an attorney do to help?

When you are represented by an attorney during an insurance claim, the attorney will work directly with the insurance adjusters to negotiate a fair settlement. An attorney will be able to obtain information related to the insurance policy, including the policy payment limits. By receiving this information, you will be able to make an informed decision about whether a settlement is fair.

In the event the insurance settlement claim is in adequate, an attorney will seek to increase the amount of the offer by articulating the reasons for higher payment. If a claim is denied, an attorney will be able to pursue the appeal process to request reconsideration of your claim. If negotiations are unsuccessful with an insurance claim, an attorney can pursue legal action through the court if necessary.

The legal team at Winthrop Law Group has experience representing clients in a variety of insurance claims. They understand the tactics of insurance adjusters and know how to respond. If you have an insurance claim, contact Winthrop Law Group to discuss your case.

Wrongful death claims are civil actions seeking money damages rather than criminal penalties. They arise when a person dies through an intentional act or the carelessness and negligence of another person or legal entity. Like any other state’s wrongful death law, California limits who can file a wrongful death claim. California’s wrongful death statute is complicated. It can be found at section 337.60 of the California Code of Civil Procedure.

Who Can Bring the Wrongful Death Claim?

Attorney Reid Winthrop at the Winthrop Law Group is a Newport Beach CA insurance dispute lawyer. He advises that the following persons are allowed to bring a California wrongful death claim:

  • The decedent’s surviving spouse or domestic partner.
  • The decedent’s surviving children.
  • If none of the above, “anybody who would be entitled to the property of the decedent by intestate succession.” Those people might include parents, brothers or sisters.
  • Anybody who was financially dependent on the decedent at the time of his or her death.

 

Survival Claims

These are brought as a separate claim. Do not confuse wrongful death claims with survival claims. Survival claims are brought by the decedent’s estate. In these claims, money damages are also sought as compensation for damages. For example, medical bills incurred by the decedent in connection with the accident between the date of the accident and date of death would be included in a survival claim.

The general rule is that California allows two years from the date of a decedent’s death to bring a wrongful death lawsuit. This is a strict rule, and there are very few exceptions to it. Evidence can disappear, recollections of events can get foggy and witnesses can vanish. You’ll want to speak with Newport Beach CA insurance dispute lawyer Reid Winthrop at the Winthrop Law Group as soon as possible about any wrongful death claim. Do so at your earliest possible convenience.

Winthrop Law Group attorney Reid Winthrop has successfully negotiated and litigated many cases on behalf of insurance companies and uses that experience to do so for the insured and policyholders. Though insurance is a very complex matter, it is at its core an agreement – a contract.

Most simply put, a contract is a legally-enforceable document that explains the offer and duties between parties. It must contain an offer, consideration, and acceptance (and be of legal subject matter). All involved are agreeing to adhere to the terms as spelled out in the contract. Unfortunately, there are times when one involved party goes back on a term.

Enforcing a contract with padded jargon can be daunting and trying to enforce a vague contract can be nearly impossible. If not handled appropriately, a waiver or unfavorable mediator decision could put you in an un-fixable bind. It is even possible to enter into an agreement without being aware – a text message can be binding if you promise to perform in exchange for another’s performance and that other upheld their end of the agreement.

If you are the one wishing to enforce the contract, Winthrop Law Group attorney review of the document will inform you whether or not you are likely to win a favorable decision. The worst-case scenario of suing over a contract is to learn that it favors the other party, and you now owe the legal fees accrued. Be sure to consult an attorney before taking any action. Newport Beach insurance dispute attorney advice can circumvent such a dilemma.

An expert Newport Beach insurance dispute attorney, Reid Winthrop will first assess if something may be done. If so, we will see to it that the insurance company (or other style of party, as applicable) upholds their end of the agreement, or pay otherwise. Contact our office to schedule your confidential case consultation today.

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