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Personal Injury
- More news on the Whole Foods beef recall
- 10 Worst Insurance Companies in America
- Equal justice under law must be campaign issue
- I call insurance company rules!
- Three more salmonella cases confirmed in N.J.
- Retailer Sues UL for Certifying Defective Heaters
- Tomatoes linked to Pa. salmonella
- NURSING HOMES AND MANDATORY ARBITRATION
- Interactive Guide to Your Body
- Federal Court Jury Awards 6.2 Million Dollars in TASER-Related Death
Premises Liability: The Slip and Fall
- ELMIRA ATTORNEY CONTINUES TO INVESTIGATE OUTBREAK OF LEGIONNAIRES’ DISEASE AT THE FLANNERY TOWERS
- Drunken man paralyzed after fall down stairs gets $17M
- Skiier Injured Exiting Chairlift Did Not Assume Risk
- Former pro football player gets $1.1M for fall in store
- Family of resident who died from sepsis awarded $2M
- Hotel guest injured when chair broke awarded $550,000
- Concierge gets $3.78M for fall at hotel
- Scalded tenant gets $2M from landlord
- Worker recovers for fall caused by 'junk brick'
- Pa. Church Volunteer Who Lost Leg in Accident Awarded $4 Million
Vehicle and Automobile Accidents
- PennDOT construction workers authorized to write police arrest reports
- Court Holds Police Officer Injured Outside His Cruiser Is A Protected Person
- Allstate Finally Gives Up McKinsey Documents in Florida
- Unhealthy neglect of CDL standards in Pennsylvania
- When does ATV riding become illegal?
- Insured Not Allowed UM/UIM Benefits for Accidents Caused By Co-employee
- New Pennsylvania Federal Court Section 1734 Sign Down Case Nullifies Alleged Sign down Of UIM Coverage
- New case law on signing releases in complex cases
- The importance of wearing your helmet while riding an ATV
- Federal Verdict Against GM in Rollover Lawsuit
Workers' Compensation
- Conveyor's designer pays $1.4M to man whose arm was snared
- I'm in the news....
- Anti-Union Sentiment in Religious Institutions
- Pennsylvania Workers' Compensation Judge Book
- The Defense Base Act Protects American Workers Injured in Iraq and Afghanistan
General
- Whole Foods recalling possibly contaminated beef
- Study finds settling is better than going to trial
- New Consumer Safety Legislation
- Emergency Unemployment Compensation
- Top Pa. judge: Counties to get longer jury lists
- Toymakers Frustrated by Patchwork of Safety Rules
- Athens attorney Maureen T. Beirne nominated by governor for county judgeship
- Health "Insurance Jive": Do you speak insurance?
- U.S. Supreme Court deals with ERISA disability determinations
- It pays for defendants to settle quickly and easily
Legal News
Bradford County Court in the News
Athens lawyer attends conference
Workers compensation claim filed against Sayre Borough
Athens attorney Maureen T. Beirne nominated by governor for county judgeship
Press Release: Carrie Carroll Awarded Honor
CraftMaster offering buyouts to its salaried employees in Towanda, Pa
Bradford County launches victim notification system
Bradford County Court House In The News
CNN: What To Do After A Car Accident
Legal Library
Personal Injury
- Secrets Kept From Juries In Personal Injury Cases
- Health Plan Sues Accident Victim to Recover Entire Settlement Recovery
- Schizophrenia and Traumatic Brain Injury
- Filing a Wrongful Death Lawsuit in Pennsylvania and New Jersey
- Eight Things You Should Know About Pursuing An Injury Claim
Premises Liability: The Slip and Fall
- Supermarkets Especially Prone to Slip and Fall Injuries
- New Pennsylvania Superior Court Case on Dog Attack
- If You Have Been Bitten or Attacked by a Dog, Then You Need to Read This Article
- How to Make a Claim for Injuries Due to a Dog Bite-Part I
- Slip and Fall Cases in Pennsylvania and New York
Workers' Compensation
- Filing Your Mesothelioma Law Suit - Frequently Asked Questions
- Do you really have to see the company doctor? Exploding the Myth of the 90 Day Rule
- Flow of a Pennsylvania Workers' Compensation Claim
- Employment Accidents -- An Overview
- Former Welder's $1 Million Verdict Will Stand
Vehicle and Automobile Accidents
- Common Insurance Company Arguments
- School Bus Accidents Can Be Prevented by Safety Training and Parking Lot Design
- Traumatic Brain Injuries Associated With Motorcycle Accidents
- A Basic Understanding Of Car Accident Cases
- Crashworthiness: A Legal Doctrine
Newsletters
General
5 Rules to Succeed in Filing an Insurance Claim
In the wake of several tragic events, including the September 11 attacks and Hurricane Katrina, the insurance industry has been crying about their unfair burden in having to pay on all these claims. The truth is, however, that despite accepting and investing their insureds' premiums for years before, the insurance industry continues to seek any and all means to avoid paying on these claims. Unfortuantely, it appears that the insurance industry's negative response to legitmate claims is not limited to tragic events, where the company is faced with claims that it may not be able to afford. Since I empathize with those people whose legitimate claims were and are denied, I have compiled the following list to help negate some of the most prevalent bases upon which insurers rely to deny claims.
1. Make sure you have insurance that covers this type of claim - before the claim occurs. Although this may sound overly simplistic and obvious, it is probably worthwhile to spend an hour or two going through all of your insurance policies to determine what is actually covered by those policies, and perhaps more importantly, what is NOT covered by those policies.
2. Make Sure You Follow the Policy's Claims Reporting Guidelines. Having taken your hard-earned money in insurance premiums for years, you would think that the insurers would step up and pay your claim promptly. Although that could happen, don't bank on it. A favorite insurance company gambit is to deny claims that do not strictly comply with their reporting requirements, such as the insurer receiving written notice of the claim on one of their own pre-printed forms. Moreover, it cannot be overemphasized that notifying your insurance broker (instead of the insurer) is almost NEVER deemed sufficient for notice purposes. That brings us to our next rule ...
3. Report Your Claim Promptly. New York's insurance laws and regulations generally allow insurers to disclaim coverage for claims that are not reported "as soon as practicable" after the claim arose. Although a definitive time period has not been etched in stone, this has been often interpreted as being no more than 30 days post-incident.
4. Photograph the Evidence. If your claim is for damage to your property or car, make sure to get your own photographs of the damage before these items are removed from your sight - forever.
5. Document All Damage. Spending one extra hour now will save you a lot more time and heartache 6 months or a year from now when you can't remember what happened to that favorite throw pillow you got from Aunt Phyllis. Perhaps one of the best (and easiest) ways to catalog your losses would be to download the free software at www.knowyourstuff.org.
One final thought: although many articles on these topics, particularly regarding the insurance industry suggest that even mentioning the word "lawyer" may hurt your relationship with the insurer, and hurt your chances to resolve your claim, consider this: if that were true, why aren't there much fewer trial lawyers?
The truth is, the insurers will likely pay an insured more money after they've "lawyered up" than before, if for no other reason than to avoid defending costly litigation.
Jonathan Cooper is a New York attorney in private practice. He represents small businesses and individuals in the trial and appellate courts. For more information about his firm, please visit his website at http://www.jmcooperlaw.com
Quick Contact
Carroll & Carroll, P.C.
100 Center Street
Athens, PA 18810
Phone: (570) 882-8683
FAQs
Personal Injury
- I was injured in a car accident and the other driver's insurance company has requested that I send them my medical records. Should I?
- What factors determine who is at fault in a car accident?
- What is my case worth?
- The insurance company says that I don’t need a lawyer to settle this. What do you think?
- The insurance company offered me a settlement almost immediately after my serious accident. Should I accept it?
Workers' Compensation
- What workers' compensation benefits am I entitled to?
- What medical benefits does the Act provide to a worker after they have sustained an on-the-job injury?
- Should an injured worker apply for unemployment benefits?
- If I am injured on the job can I choose the doctor who treats me?
- If I am unable to return to the type of work I did before I was injured, what happens?
General
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