Law Zone
This section describes the Law Zone articles from previous issues. If you would like to order the magazine in which an article appeared, please fill out the subscription form by checking the "Back Issue" box and indicating the appropriate month.
May 2008 15 Examples of 'Do I Have A Case?'
Before embarking on that long litigation road, it is important to figure out if you have a case worth pursuing. Remember, the objective in pursuing a case for bodily injury or property damage is to obtain a monetary recovery because you can't reverse the effects of a crash. In some situations you may obtain a recovery, but the recovery may not be worth the time, effort, and money expended to get there. Here are some examples to consider…
April 2008 The Uninsured Motorist
What happens when you're injured or your property is damaged by someone who doesn't have enough insurance to cover your damages? The best way to protect yourself against such a predicament is to purchase uninsured/underinsured (UM/UIM) insurance coverage as part of your vehicle policy. UM coverage will apply if the adverse driver was not insured at all. UIM coverage will apply if the adverse driver was insured but his policy limits are not sufficient to reimburse you for all of your damages…
March 2008 Three Case Studies—Know When to Hold Them…
In order to resolve a case in your favor, you have to show that the other party was at fault or at least mostly at fault. Unfortunately, sometimes it doesn't matter if the other party was truly at fault if you can't prove it or, in more pragmatic terms, if you can't 'sell' it to the insurance company or jury. That's why in cases where the fault issue is disputed, it is important to weigh the chances of success versus failure as the case unfolds. An experienced lawyer should be able to guide you accordingly. Here are a few examples…
February 2008 15 Wacky Arguments from Claims Adjusters
Insurance companies and risk managers frequently take unreasonable positions. You can't always blame the individual claims adjusters personally when you are faced with a convoluted argument, as they are obligated to follow company policy if they want to keep their jobs. And, for the most part, company policy includes increasing the bottom line, which in turn means paying out less in claims…
January 2008 Don't Believe Everything You Hear
Everybody has a friend who has a friend or relative who will tell them why their cases are not being handled the way they should be or what the expected results should be. Here are some common misconceptions…
December 2007 The Perfect Case
There is virtually no such thing as the perfect case irrespective of how sure you are that yours is. As you might imagine, a party's assessment of his own case is not always accurate. You can't lose sight of the fact that insurance companies and risk managers try to find a way to lessen their payout. In doing so, they will pick apart the fault issue if they can and try to understate your injuries and damages. As farfetched as you may think some of their arguments are, try to maintain your objectivity. Never assume that you have an infallible case. A lot can happen during the course of litigation. Sometimes what you thought was the perfect case turns out to be far from it, and sometimes a so-so case turns out better than expected. However, even a great case can take months and sometimes years of strategic litigation to resolve. Here are some examples…
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