Why You Might Need an Attorney This Summer If You Travel

Travel is not a new notion to us; it can be traced back to wealthy Greeks and Romans who left for leisure to their summer houses and villas in places such as Baiae and Pompeii. According to Merriam-Webster, travel is “a journey, especially to a distant or unknown region.” We used to be able to travel without hesitation. Unfortunately, as we travel to new places today, we must be more aware of potential hazards. These faults may result in long-term consequences, including legal action. Some things that we will discuss in this article are auto accidents, cruise ship accidents, rideshare accidents, premises liability, and bed bugs

Auto Accidents

Per Travel Pulse, nearly 80 percent (206 million) of Americans plan to take a road trip this year, and nearly 20 percent (47 million) will travel more than 500 miles by car. Having so many people on the road at any given moment makes you more vulnerable to vehicle accidents, and the chances of being in an accident increase as you go farther. That being said, there may come a moment when you are involved in an automobile accident and need to know what to do. So, in order to assist you further, we have outlined some of the most important procedures to take following an automobile accident.

  • Never, no matter how little, leave the site of an accident.
  • Set up flares or keep your flashers turned on to avert further incidents.
  • Call the police regardless of how small the injuries appear.
  • When the police arrive, make sure you tell the investigating officer(s) everything you know. If you are unaware of specific details, notify the police. Make no assumptions, guesses, or incorrect statements regarding the facts.
  • Take photographs at the accident scene, but don’t interfere with the investigation.
  • Exchange information with the other party involved, as well as any witnesses to the incident. 
  • Consult an attorney to protect your rights. This is possibly the most crucial thing you should do following an accident. Your lawyer can defend your rights and ensure that important evidence is not destroyed.

Aviation Accidents

The ability to use helicopters and airplanes is a fantastic tool to have on hand to enhance your vacation experience. The ability to fly gives you access to faster travel, lower costs, more comfort, and, in most situations, safety. 

When we board a helicopter or an airplane, we usually imagine our destination and the exciting activities that await us. However, aviation accidents are inevitable and are largely caused by safety issues, pilot shortages, and aged aircraft. While on vacation, you may come into contact with two types of aviation: helicopter tours and commercial flights.

Helicopter Tours

While helicopter tours are one of the most amazing things you can do whenever visiting new tourist destinations or popular locations like The Grand Canyon, Mt. Rushmore, or a picturesque tour over Manhattan, New York. There are some safety concerns to consider, such as pilot error, maintenance team error or misunderstanding, mechanical faults, and adverse weather.

Who Is Responsible for My Helicopter Injuries? 

Depending on the cause, it could be more than one person who is liable. For example, in some accidents, it could be both the ground control and the pilot who are responsible. In other cases, it could be the tour company or the manufacturer who failed to maintain the plane or designed it poorly.

Commercial Flights

Per the Federal Aviation Administration (FAA), a total of 45,000 flights carrying 2.9 million travelers fly in and out of U.S. airports daily. Airport hubs alone account for a large number of injuries, including broken bones and neck injuries resulting from slips and falls. Injuries, however, are not restricted to the airport; situations that occur in flight, such as turbulence, falling in the jetway, or baggage falling from above, can all contribute to a bodily injury. Despite the fact that airlines must follow criteria established by the Federal Aviation Act, mishaps like this occur on a daily basis due to the sheer volume of travel.

What Is The Federal Aviation Act?

The Federal Aviation Act was created in 1958 to regulate civil aviation and U.S. commercial space transportation while also maintaining and operating air traffic control and navigation systems for both civil and military aircraft and developing and administering programs relating to aviation safety and the National Airspace System. This act alone helped pave the way for the Federal Aviation Administration we know today.

Who Is Responsible for an In-Flight Injury?

If you are harmed on a flight, you may be eligible to submit a compensation claim against the airline. Here are a few things to remember in order to achieve this:

  • Airlines are common carriers. In terms of safety, common carriers use extreme caution and care for the sake of their passengers and cargo. Common carriers that fail to observe such regulations may be held legally accountable for any damages or losses caused by their negligence.
  • Airlines cannot be held responsible for unanticipated and unavoidable circumstances. When unanticipated events occur, an airline cannot be held responsible for the repercussions. For example, flights are not always free of turbulence. If there is turbulence on a plane and you were warned to keep secure in your seat, but you go to the bathroom and fall, the airline is not responsible for the resulting damages.
  • You’ll have to prove negligence. As with all personal injury cases, you must demonstrate that the airline broke the duty of care owed to you in order to hold it liable for your injuries. 

Cruise Ship Accidents

The cruise industry received 29.7 million passengers globally in 2019. Unfortunately, no single governmental entity investigates and documents cruise ship incidents in the same manner that the FAA does with aviation accidents. However, this does not mean that personal injury accidents do not occur aboard cruise ships. Many passengers are unaware that the cruise line may be held liable for injuries sustained on the ship. You may be able to obtain a settlement or verdict for medical bills, lost work time, and other compensatory and punitive damages by suing a cruise line.

Occurrences that cause injuries on a cruise ship:

  • Collisions between ships
  • Fire caused by technical issues
  • Passengers who go overboard
  • Poisoning from food
  • Slip and fall accidents on wet decks

These acts of negligence can lead to serious injuries such as broken bones, brain injuries, and internal organ damage.

Rideshare 

Rideshare is a system in which passengers connect with drivers using mobile apps or websites such as Uber, Lyft, Juno, and others. Following that, you are picked up and driven to your destination alongside other commuters.

Ride-sharing has expanded rapidly in recent years. Approximately 25% of the total U.S. population uses ridesharing at least once a month, and Uber alone employs over 3.8 million drivers globally. Ridesharing is on the rise in the United States and around the world, thanks in part to rising population and industrialization, particularly in larger cities, which means more road traffic and a higher need for efficient transportation.

Directly Filing a Lawsuit Against Uber or Lyft

If you’ve been injured in a rideshare accident, you’re likely wondering if you may sue Uber or Lyft for your injuries. After all, ridesharing businesses have more pockets than the average rideshare driver.

However, directly suing Uber or Lyft can be difficult. Rideshare drivers are classified as independent contractors rather than employees by Uber and Lyft. As a result, businesses are more likely to be held legally liable for an employee than for an independent contractor.

Nonetheless, you might want to file a lawsuit against Uber or Lyft if, for example:

  • Your damages surpass the insurance policy limits of your ridesharing driver.
  • Your ridesharing driver sexually abused you.
  • You believe the company was negligent in hiring, training, and retaining the driver who injured you.

Bed Bugs 

Traveling will introduce you to a diverse range of wonderful people and creatures. Unfortunately, we do become vulnerable to bed bugs. Bed bugs are reddish-brown, flat, wingless insects that hide during the day on beds and old furniture. These insects are most commonly found in hotel rooms because they can travel across multi-unit buildings by attaching themselves to baggage, purses, and backpacks.

Legal Action with Bed Bugs

In many states, you can sue the property owner if you were exposed to bed bugs while vacationing in a hotel or rental property. But first, you must confirm that you have been bitten by a bed bug. You will almost certainly need to consult a medical practitioner, such as a dermatologist, to confirm that you were bitten by a bed bug.

If it is established that you were bitten by bed bugs in a resort or rental property and that your injuries were caused by the property’s owner’s negligence, you may be able to file one or more of the following causes of action:

  • Intentionally causing emotional trauma
  • Private annoyance
  • Breach of contract
  • Breach of the habitability contract
  • Negligence
  • And possibly other reasons, depending on the location of the incident.

Bed bug lawsuits, on the other hand, could go in a different direction. If the host has cause to suspect you are responsible for bringing bed bugs to their property or failing to tell them of the problem, they may be able to sue you. Damages for bed bug bites often involve some of the following, depending on who is to blame:

  • The costs of eradicating an infestation
  • Property damage
  • Medical bills
  • And other out-of-pocket costs

What is Premises Liability

  Premises liability is where property owners have certain obligations under local, state, and federal laws to maintain reasonably safe premises under certain conditions and to warn others of any unsafe conditions under certain situations. Many different types of personal injury cases can be classified as premises liability cases, such as:

Slip & Fall

The most straightforward premises liability situations are slips and falls. Slips and falls, whether the victim is young or old, can cause tremendous damage. Fractures are among the most common results of falls, occurring in 5% of cases. More than eight million people visit hospital emergency rooms as a result of a fall. Slips and falls can also result in more serious tragedies, such as wrongful death for people over the age of 85.

Broken Bones

Some of the most common injuries caused by slips and falls include broken bones and fractures. According to The Ohio State University, approximately 6.8 million fractured bones/fractures are treated in the United States each year. 

Broken bones occur when a bone collides with a bigger force, causing the shape of the bone to change. These fractures can occur straight across the bone or up and down the bone.

Some common breaks include: 

  • Closed or open fractures: an injury is said to be closed when it does not cause a break in the skin and open when it does.
  • Complete fractures: occur when a fracture entirely separates the bone, resulting in two different portions
  • Displaced fractures: when a gap develops where the bone has broken (often requires surgery)
  • Partial fractures: when the fracture does not extend all the way through the bone
  • Stress fractures: occur when there is a crack in the bone (oftentimes, it is tough to find with imaging)

Drowning

Drowning accident claims come under premises liability since these injuries are typically caused by an inadequately maintained or guarded premise. This can include elements like:

  • Lifeguard carelessness or negligence
  • Improper signage
  • Insufficient safety equipment
  • Dilapidated surfaces

Victims or relatives sue the parties at fault in drowning lawsuits. Inattentive property owners and supervisors may be among them. Negligence and wrongful death are two common legal claims.

Plaintiffs in drowning claims may be compensated for medical expenditures, lost wages, and pain and suffering, depending on the circumstances. In addition, if the victim dies, his or her family may be able to recover burial expenses as well as loss of support.

Frequently Asked Questions

Q: Can I sue the corporation that operates my cruise ship?

A: Yes, you may be entitled to sue the cruise line that was liable if you were the victim of a cruise ship accident, excursion accident, or even medical negligence.

Q: Do I need a lawyer to assist with my hotel liability issue?

A: Yes, having an experienced lawyer will help you get the most compensation for your injuries or lost property. 

Q: Do I sue the rideshare company or the driver? 

A: In most situations, your claim will be filed with the ridesharing company, not the driver. Uber and Lyft, for example, have a one million dollar policy that protects all passengers.

Q: When can a hotel be held accountable for my injuries? 

A: Every hotel is legally liable for premises liability because it is a business that provides services to consumers.

Works Cited

Agencies – Federal Aviation Administration. (n.d.). Federal Register. https://www.federalregister.gov/agencies/federal-aviation-administration

Air Traffic By The Numbers. (2022, June 15). FAA. https://www.faa.gov/air_traffic/by_the_numbers/

Arm Injury Statistics | Aids for One Armed Tasks. (n.d.). The Ohio State University. https://u.osu.edu/productdesigngroup3/sample-page/

Christoff, J. (2022, March 25). Road Trips Will Be the Most Popular Type of Travel This Summer. TravelPulse. https://www.travelpulse.com/news/features/road-trips-will-be-the-most-popular-type-of-travel-this-summer.html

Travel Definition & Meaning. (n.d.). Merriam-Webster. https://www.merriam-webster.com/dictionary/travel

What is a Common Carrier? (2018, December 3). FindLaw. https://www.findlaw.com/injury/torts-and-personal-injuries/what-is-a-common-carrier.html

Juneteenth Freedom Day

History Prior to Juneteenth

African tribe members were kidnapped, sold into slavery in the American colonies, and exploited to work in the cultivation of crops such as tobacco and cotton in the 17th and 18th centuries. By the mid-nineteenth century, the United States’ growth and the abolitionist movement had created a tremendous debate over slavery, ripping the country apart in the devastating Civil War. President Lincoln issued a provisional Emancipation Proclamation on September 22nd, 1862, only a year after taking office, and made it official on January 1st, 1863. On that night, enslaved and free African Americans alike gathered in churches and private residences around the country to await the Emancipation Proclamation. Union soldiers marched onto plantations and through southern settlements, reading duplicates of the Emancipation Proclamation and spreading the gospel of liberation throughout the Confederacy. However, not everyone in Confederate territory will be liberated right away. Despite the fact that the Emancipation Proclamation became effective in 1863, it could not be enforced in areas remaining under Confederate control until after the Civil War in 1865.

What is Juneteenth?

Known as our country’s second Independence Day, Juneteenth commemorates the day in 1865, months after the Civil War, when federal troops arrived in Galveston, Texas, to assume control of the state and guarantee the liberation of all enslaved people. Though it has long been celebrated within the African American community, it was mostly unknown to the broader public until it was designated as a federal holiday in 2021. The legacy of Juneteenth illustrates the necessity of bold hope and quick organizing in uncertain times.

A Notable Juneteenth Figure

Opal Lee is a 94-year-old activist who was born on October 7, 1926, in Marshall, Texas. She is the eldest of three siblings. Many see her as the “Grandmother of Juneteenth,” since she has assisted in organizing Fort Worth’s annual Juneteenth celebration, as well as supporting a 2.5-mile walk each year to honor the two and a half years it took for knowledge of the Emancipation Proclamation to reach Texas. Lee has also taken part in marches in Fort Smith and Little Rock, Arkansas; Las Vegas, Nevada; Madison and Milwaukee, Wisconsin; Atlanta, Georgia; Selma, Alabama; and in the Carolinas. At the age of 90, Opal walked 1,400 miles from Fort Worth, Texas, to Washington, D.C., to bring awareness to America’s 2nd Independence. In 2021 Lee was named the “Texan of the Year” for her activism on behalf of Black Texans.

Present Day Discrimination

Despite the fact that the last enslaved African Americans were freed on June 19, 1865, the agony did not end there. Even now, in 2022, we face discrimination not only in our African American communities but also in other minority populations, ranging from race, gender, and age to sexual orientation. Discrimination, according to Merriam-Webster, is a prejudiced or discriminatory perspective, action, or treatment. According to the American Psychological Association, the human brain instinctively categorizes objects in order to make sense of the universe. The values we assign to different types, on the other hand, are taught to us by our parents, peers, and observations we make about how the world works. Fear and misunderstanding are frequent motivators for discrimination.

Workplace Discrimination

Going to work is something that most Americans do on a daily basis, and it should be a pleasant experience. Unfortunately, workplace discrimination is all too common. Workplace discrimination occurs when an employer treats an applicant or employee unfairly because of their ethnicity, color, religion, gender, sexual orientation, gender identity, national origin, disability, or status as a protected veteran. It may also occur if an employer punishes, fires, or penalizes an employee or job applicant for discussing, revealing, or inquiring about wages. Discrimination in the workplace might be directed at a single individual or a group of individuals. Discrimination in the workplace can affect both current employees and job applicants. Discrimination in the workplace violates one’s civil rights and may prohibit one from reaching their full potential.

The following are some examples of workplace discrimination:

  • Every Hispanic employee has a separate designated work location.
  • For the same task, women get paid less than their male coworkers.
  • Employees with an accent are frequently mocked by coworkers and bosses.
  • Only those of a specific race or gender are promoted.
  • Exams unrelated to the specified work are used to screen out applicants, such as arithmetic tests or lifting requirements.
  • When a female employee is recovering after childbirth, she is denied paid sick leave, whereas an employee recovering from knee surgery is awarded paid sick leave.

Discrimination in the Workplace Based on Race

Workplace discrimination is illegal. As a result, discriminating against a specific race of workers is prohibited. It is also illegal to discriminate against an employee because he or she is married to or associates with people of a specific race. According to a 2019 Glassdoor survey, 61% of U.S. employees have encountered or witnessed discrimination based on their age, ethnicity, gender, or sexual orientation.

Here are a few helpful tips to help you prevent workplace discrimination based on race.

  • Study the company’s workplace policies.
  • Learn about your legal rights under anti-discrimination legislation by attending EEO principles training.
  • Report any inappropriate, discriminatory, harassing, or abusive behavior to your supervisor, Human Resources department, or management.

 Age Discrimination in the Workplace

The EEOC defines age discrimination as treating an applicant or employee less favorably because of their age. The Age Discrimination Act of 1967 was enacted to address age discrimination problems.

The Age Discrimination in Employment Act of 1967?

The Age Discrimination in Employment Act (ADEA) of 1967 was enacted to protect applicants and employees over the age of 40 from age discrimination in hiring, promotion, discharge, compensation, or employment terms, conditions, or privileges. President Lyndon B. Johnson signed the Age Discrimination Act into law in 1967. The legislation was approved by Congress to encourage older people to work based on their abilities rather than their age and to ban specific age discrimination in the workplace. The ADEA has been changed several times in the last fifty years, including in 1978, 1986, 1990, and 1996, expanding the scope of the law and extending protection to senior workers.

How Can I Avoid Age Discrimination in Job Applications?

When applying for a job, there are a few basic strategies you may use to defend yourself against age discrimination on your application, such as:

  • Applying with a résumé that conceals your age.
  • Omit your birth date and graduation dates.
  • Leave out the first couple years of work experience. 
  • Instead of AOL or Hotmail, use a current email domain.

Age Discrimination During My Interview

Once you’ve completed the application process and been accepted for an interview, keep in mind that some aspects of the interview may still expose you to ageism. The steps below will help you overcome this difficulty.

 

  • Show your readiness to both lead and be directed.
  • Describe how much you prefer working with people who are different from you.
  • Maintain as much recent professional experience as possible while emphasizing your value.
  • Instead of emphasizing your considerable experience, highlight your enthusiasm for the role.

Sex Discrimination in the Workplace 

Sex discrimination is defined by the Equal Employment Opportunity Commission (EEOC) as treating someone unfairly because of their sex, including sexual orientation, gender identity, or pregnancy. Gender roles frequently come into play when businesses are attempting to hire new employees. There have been reports of employers refusing to hire a woman with preschool-aged children while hiring men with the same age children. This is due to traditional gender norms stating that it is the mother’s obligation to take care of the children. 

How Can My Attorney Help Me With Workplace Discrimination?

An attorney will have a thorough grasp of your situation and will determine whether or not you have a case. Your lawyer must first determine that you are a member of a protected class. However, your lawyer may face some difficulties, such as not fitting in the age-protected class if you claim to be a victim of age discrimination but are in your 30s. However, if you are a member of a protected class, having testimony from witnesses to the prejudice is one way to ensure you have a strong case. A weak discrimination case will be based on hearsay, with no witnesses and no proof.

Civil Rights

FindLaw defines Civil Rights as an expansive and significant set of rights that are designed to protect individuals from unfair treatment; they are the rights of individuals to receive equal treatment (and to be free from unfair treatment or discrimination) in several settings, including education, employment, housing, public accommodations, and more, based on specific legally-protected characteristics.

How did my civil rights evolve into what they are today?

  • Age Discrimination Act of 1975– Prohibits age discrimination in federally funded programs and academic activities, health care services, housing, unemployment, food assistance, and rehab centers.
  • Age Discrimination in Employment Act (ADEA)- Prohibits discrimination against job candidates and employees over the age of 40 in terms of pay, development chances, and other working circumstances.
  • Americans with Disabilities Act (ADA)– prohibits discrimination based on disability (both actual and perceived) and is not permitted in employment, state and municipal government, public institutions, commercial establishments, transportation, and telecommunications.
  • Civil Rights Act of 1964– Prohibits discrimination based on race, color, religion, gender, or national origin is prohibited in employment, academia, voting, and public accommodations.
  • Fair Housing Act (FHA)– Prohibits residential discrimination based on race, religion, gender, familial status, or handicap is prohibited.
  • Section 504 of the Rehabilitation Act of 1973- It was the first disability civil rights legislation passed in the United States, and it prohibits discrimination against disabled individuals in federally funded programs.
  • Voting Rights Act of 1965- Enacted to combat Jim Crow laws in the Rural South and other impediments that minorities experienced when attempting to vote, essential portions of the Act were struck down by the Supreme Court in 2013.

However, individual states create their own civil rights laws through the state constitution and other statutes (generally comparable to those enacted at the federal level). State laws can also be more civil rights protective than federal laws, including protections for LGBTQ individuals. Municipalities, such as cities and counties, also have the authority to enact civil rights legislation.

Police Conflicts

Police officers have tremendously difficult jobs in our culture. Even though they operate in a demanding environment every day, they do not have the authority to abuse their position. The few bad seeds that abuse their authority put a dark cloud over the entire department, which is unfortunate for the many great officers in the departments. In case you are put in a situation with a bad officer, we have listed ways to survive those confrontations. 

  • Be respectful– Even if you believe it is necessary to use confrontational language, avoid doing so.
  • Calmly document– In the present day, video is very accessible, and filming your police encounters is a fantastic benefit. Also, when you do this, politely inform them that this will be turned over to your attorney.
  • Remain silent if required- If you suspect you are being unfairly questioned or forced into incriminating yourself, politely inform the officer that you would prefer to answer questions with a lawyer present.

What If I Am The Victim Of Police Brutality? 

  • Make a list of all the police officers who have injured you and their badge numbers.
  • Determine which police department they are a part of. Take down the names and badge numbers of any additional police who were present at the time of the event.
  • Obtain the contact information of any further witnesses to the incident.
  • Examine the area to determine if there are any cameras that could have captured what happened.
  • Make a note of the date, time, and place.
  • Keep a record of any injuries you may have.

Frequently Asked Questions

Q. Can I sue for police brutality even if I’ve been found guilty of a crime?

A. Yes, even if you have been convicted of a crime, you can still sue.

Q. Can I sue the police officers for excessive force?

A.True, but winning can be complicated and difficult. You have the right to sue the police officers and their supervisors for the actions of their subordinates, and you also have the right to sue the municipality if the municipality has a policy or process that results in the use of excessive force.

Q.Can I sue someone of my own gender for sex discrimination?

A. Yes, both the victim and the harasser might be either the same or different gender.

Q. How do I spot workplace discrimination?

A. An employer asks improper questions such as your age, religion, and whether you have any children.

Works Cited

Age Discrimination. (n.d.). US Equal Employment Opportunity Commission. Retrieved June 6, 2022, from https://www.eeoc.gov/age-discrimination

Age Discrimination Act of 1975. (n.d.). US Department of Labor. Retrieved June 6, 2022, from https://www.dol.gov/agencies/oasam/regulatory/statutes/age-discrimination-act

Discrimination Definition & Meaning. (n.d.). Merriam-Webster. Retrieved June 6, 2022, from https://www.merriam-webster.com/dictionary/discrimination

Discrimination: What it is, and how to cope. (2019, October 31). American Psychological Association. Retrieved June 6, 2022, from https://www.apa.org/topics/racism-bias-discrimination/types-stress

Diversity & Inclusion Study 2019. (n.d.). Glassdoor. Retrieved June 6, 2022, from https://about-content.glassdoor.com/app/uploads/sites/2/2019/10/Glassdoor-Diversity-Survey-Supplement-1.pdf

What Are Civil Rights? (2021, March 18). FindLaw. Retrieved June 6, 2022, from https://www.findlaw.com/civilrights/civil-rights-overview/what-are-civil-rights.htmlWhat is Hearsay? (n.d.). Miranda Rights. Retrieved June 6, 2022, from http://www.mirandarights.org/hearsay.html

The NEW Business of Law Conference

Are you ready to take your business to the next level? Join us in Scottsdale, Arizona this fall at our NEW Business of Law Conference, presented by The National Trial Lawyers. This 3 day conference will be hosted November 13-15, at the beautiful JW Marriott Scottsdale Camelback Inn Resort & Spa. This venue features beautiful scenery, a 32,000-square-foot spa and wellness facility, and the Camelback Golf Club that will challenge golfers of all levels.  

At this NEW event, you will be able to learn from industry leaders and innovators such as Mike Morse, Andrew Finkelstein, Ken Hardinson, and MORE; about their strategies for running your law firm in 2022. They will also talk through the best practices for case acquisition and the latest technology available to streamline and fireproof your firm’s operations.

Conference Agenda Overview 

Day One: A-List Strategies for Case Generation 

Day One is packed with the best experts, such as Chad Dudley, Darryl Isaacs, Steve Nober, Ed Herman, Andrew Finkelstein, and Harlan Schillinger. They will explore how branding can help your firm, dive into A-List branded personalities, analyze the market and find where you fit in, discuss breaking down the budget, all the way to understanding the entire intake and conversion process.

Day Two: Fireproof Firm Operations 

Day Two is full of outstanding experts such as Ken Hardison, Jennifer Harvala, John Georgatos, John Nachazel, Bill Biggs, and return presenter Chad Dudley. Prepare to be loaded with valuable information on how to know THYSELF by establishing your leadership team, identity, and values, along with tips for talent acquisition & retention, IT & technology, culture that will increase your ROI, and how to run your business like your biggest case.

Day Three: Meadow Golf Tour

There is no better way to end your stay in Scottsdale than having some fun during The Meadow Golf Tour at the Camelback Golf Club on November 15th! This course is nestled in between Mummy Mountain and Camelback Mountain, two of Arizona’s iconic landmarks, and offers some of the most dynamic golfing. The Meadow Golf Tour has limited availability, so make sure you register now!

Things to Consider When You Sue an Insurance Provider

We are all too acquainted with insurance coverage in our everyday lives. According to Investopedia, everyone should have the four major forms of protection: life insurance, health insurance, long-term disability insurance, and auto insurance. Despite the fact that these are the four most prevalent, various insurance coverages are available.

 We have listed several insurance coverages below to help you better understand the various forms of insurance coverage:

  • Health Insurance– a contract in which a provider agrees to pay a portion of the healthcare costs in exchange for a premium.
  • Life Insurance– a contract in which the insurance company agrees to pay a lump amount to the beneficiary after your death in exchange for a premium.
  • Auto Insurance- In the event of an accident or theft, your insurance company will cover you financially.
  • Home/renters Insurance– Homeowners insurance protects not only the individual’s personal items but also the construction of the property. Renter’s insurance covers personal belongings in the property but does not cover the property itself.
  • Long-term Disability– a contract in place to protect your income if you are unable to work due to an injury or illness.

Even though insurance is structured to aid the unexpected, insurance companies frequently do not respect particular policies. That is why, when an insurance claim is not followed, it is critical to have a qualified insurance attorney defend you.

What Causes Insurance Companies to Underpay Claims?

In order to maximize profits, insurance companies may utilize a number of techniques to underpay or deny claims. Some of which we have listed below:

  • Using false depreciation to calculate the value of an asset.
  • Use outdated, incorrect pricing lists where natural disasters have occurred, and building expenses have soared.
  • Inability to correctly value uncommon products.
  • Stating the policy does not cover this type of damage.
  • Postponing the process of a claim in the belief that the policyholder would become frustrated and accept a smaller refund.

What Can I Anticipate?

There are several things to expect while suing an insurance provider. Insurance companies will likely deny your claim for a variety of reasons, some of which are perfectly valid and so many others which are not. Several of the reasons insurance companies may refuse your claim are as follows:

  • Inadequate coverage
  • Application flaws
  • Insurance deception
  • Denial in bad faith

What’s to Come After Finding an Attorney?

After you acquire an attorney, they will begin investigating the facts and history of the disagreement with the insurance company’s counsel. The official process of exchanging information between the parties concerning the witnesses and evidence they will present at trial is known as discovery. Be aware that both you and the insurance company will incur charges for court fees, experts, discovery, and travel throughout this process. During the course of the dispute, your lawyer will also prepare you for a deposition. When this happens, you will promise to answer inquiries honestly. Your attorney will raise objections during the deposition to shield you from unfair questioning. Once you do not settle and your lawsuit advances to trial, you will be summoned as a witness and will be required to testify in court. Unfortunately, resolving a case might take years. During this procedure, you must be patient, trust your insurance lawyer, and wait for the conclusion. Your lawyer should be able to manage the matter and keep you updated on a routine basis.

What Exactly Is an Insurance Claim?

When an accident occurs, insurance claims are simply a request to your service provider. When you make a claim, your property has been damaged, you have been injured, or an event specified in the insurance contract that would otherwise result in a payout has occurred. A claim may only be made if it is the outcome of one of the risks outlined in your policy. In the case of a loss or damage, your coverage will safeguard and recompense you. A claim is a request for recompense after you have paid your share of the costs, if any.

Filing Insurance Claims

There are several aspects to consider if you are prepared to make an insurance claim due to a storm, wildfire, car theft, health, or other circumstances. It is an important practice to keep as many good notes as possible. Being proactive in your note-taking can allow for a more streamlined flow of information by documenting all procedures. The more facts you have gathered, the better your litigation attorney will be able to represent you if a conflict arises. Make an effort to be transparent and honest. Your goal is to reclaim assets and possessions that are rightfully yours. Remember that you are fighting against a for-profit company that has an attorney and a team on their side. If possible, contact your lawyer before signing any legal paperwork.

Types of Life Insurance Claims 

There are two sorts of claims with life insurance: Maturity Claims and Death Claims. Maturity claims are those that arise as the policy ages. Maturity claims are the most straightforward because the life insured merely needs to fill out a policy discharge form. The maturity sum is paid shortly after the insurance discharge paperwork is completed. If the policy discharge paper is correctly completed and filed well before the maturity date, the money is usually paid out before the maturity date. Typically, the insurance company will send you the claim form well in advance of the policy’s expiration date. Death Claims are requests for the payment of life insurance payouts.

How Can I File a Life Insurance Claim?

Ramsey Solutions states there are four ways to claim your Life Insurance Policy.

  • You must call your insurance carrier.
  • You must obtain duplicates of the death certificate. Ensure that the funeral home director has certified the copies. 
  • You must complete the necessary forms and return them to the insurance carrier. The majority of these forms are easily accessible online. They may also request that you supply the death certificate with the paperwork.
  • You must specify how you want to be compensated.

When Should I Contact a Lawyer?

In general, Life Insurance Claims go smoothly and without incident. Of course, there will be instances when your Life Insurance settlement will be an issue. As a client, you may put off finding an attorney for a variety of reasons. Fortunately, an experienced attorney, such as an insurance attorney, can help you evaluate the terms of your policy and determine your legal options. Furthermore, an attorney will assist you in obtaining evidence to support your claim and, if necessary, will represent you in court. One common reason people do not seek aid is that they do not know an attorney who specializes in this field.

Health Insurance Claims

According to The United States Census Bureau 2020 census, For all or part of 2020, 91.4 percent of the population were covered by health insurance. While insurance is required for businesses and employees, insurance providers frequently fail to honor specific plans.

Your doctor will frequently file insurance claims on your behalf. Most doctors’ offices and hospitals need you to produce your insurance card when you arrive for your visit. When your provider is invoiced, your insurance company will match your coverage to the services delivered and reimburse you accordingly. If any part of your claim is not covered, you must pay the difference, as described in the explanation of benefits.

Some insurance companies will demand claims to be filed prior to providing services. This is known as preauthorization, and failing to complete it may result in the denial of some or all of your claim. Check with your insurance carrier to see if prior authorization is required before undergoing any significant medical operation or incurring a cost.

What to know about suing a Health Insurance Company for Bad Faith?

Health insurance firms can engage in a variety of poor faith practices that either directly or tacitly breach a good-faith guarantee. Examples of bad faith action by insurers include:

  • Intentionally misinterpreted the policy.
  • Failure to communicate about a claim with policyholders.
  • Trying to delay an investigation with no cause for explanation.
  • Stall tactics such as limiting communication or making excessive requirements for documentation and verification.
  • Delaying payments on a legitimate claim.
  • Individuals are misinformed about insurance policies before purchasing one.
  • Mistaking a treatment for experimental, cosmetic, or elective surgery.

To be able to claim damages on an insurance company over bad faith in the appropriate court. One of the requirements is that you state in your complaint what the insurance company did or did not do that displayed good faith. You must provide evidence that the insurance company behaved in bad faith in processing your claim and upholding the terms of your policy. You must explain how the acts of the insurance company cost you money.

What is Long-Term Disability? 

When you’re unable to work because of illness or injury, long-term disability insurance covers your income. Long-term disability is not limited to people who have been injured, as many people believe. Long-term disability can also refer to a number of medical conditions, including but not limited to:

  • Bipolar disorder
  • Cancer 
  • Chronic fatigue syndrome 
  • Crohn’s disease 
  • Degenerative disc disease

How do I get assistance with my Long-Term Disability claim?

Our Long Term Disability Lawyers have helped many people with a variety of claims. We can help you complete claim forms, analyze your medical records, and recommend any additional doctor’s visits or medical tests that may improve your claim. Counseling is also recommended to avoid the risks that insurance companies may use to deny your coverage. If your claim is rejected, proving your eligibility and filing an administrative disability appeal as soon as feasible will help. Your attorney for long-term disability will advise you to gather evidence and seek expert witness testimony.

Auto Insurance

One must protect their investment when they buys or lease an automobile. Purchasing auto insurance might give you peace of mind if your vehicle is damaged in an accident, theft, vandalism, or natural disaster. People make annual payments to an auto insurance company rather than paying for auto accidents out of pocket; the business then pays all or most of the costs associated with an auto accident or other vehicle damage.

Who Can I Sue After an Accident? 

After receiving medical assistance and submitting all necessary paperwork at the scene of the accident, you may be wondering, “Who do I sue after a vehicle accident?” 

Many injured motorists simply file a claim with the opposite party’s insurance company. Car accidents, on the other hand, may result in litigation, particularly if the insurance provider refuses to pay you the total amount you are eligible for. You have two options if the at-fault driver doesn’t have any insurance:

  • You may choose to sue the motorist directly. Keep in mind that uninsured drivers may not have many assets to pull from in order to pay for a lawsuit. As a result, even if you prevail in your case against the motorist, you may be unable to recover.
  • If you have it, submit an uninsured motorist claim with your own insurance company. Remember that your uninsured motorist benefits cannot exceed the value of your actual coverage.

Homeowners/Renter’s Claims

Owning property can require dealing with the unexpected, which could include anything from a tree that fell on your roof to a pipe rupturing in your bathroom. Natural catastrophes are one of the most difficult challenges for a homeowner. Natural disasters, according to the Department of Homeland Security, are “any sorts of extreme weather that have the potential to cause serious harm to human health and safety, property, key infrastructure, and homeland security.”

These disasters may occur unexpectedly or on a seasonal basis, subjecting Americans to recurring periods of economic loss, uncertainty, and annoyance. Natural disasters include hurricanes, floods, winter storms, wildfires, tornadoes, and earthquakes. Though consumers frequently expect insurance companies to fix any natural disaster-related damage as soon as they file a claim, this is not always the case. If the insurance company judges that the damage happened prior to the disaster, policyholders may be denied coverage.

Frequently Asked Questions

Q: What can my Insurance Lawyer do for me?

A: If your claim has already been denied, an experienced attorney can review it from every viewpoint and determine whether the insurance company is willing to reconsider.

Q: When should I file a claim against my insurance company for bad faith?

A: When a third party is suing you, and your insurer fails to explore the issue adequately.

Q: How must I communicate with claim adjusters?

A: Try not to admit to any adjuster charge. Request that all contact be routed via your attorney.

Q: Is it possible for me to sue my insurance company?

A: Yes. If an insurance agency engaged in bad faith, the insurer may be held accountable in court.


Works Cited

4 Types of Insurance Policies Everyone Needs. (n.d.). Investopedia. https://www.investopedia.com/financial-edge/0212/4-types-of-insurance-everyone-needs.aspx

How to File a Life Insurance Claim. (2021, December 30). Ramsey Solutions. https://www.ramseysolutions.com/insurance/life-insurance-claims

Keisler, K., & Bunch, L. N. (2021, September 14). Health Insurance Coverage in the United States: 2020. Census Bureau. https://www.census.gov/library/publications/2021/demo/p60-274.html

Natural Disasters. (2021, December 17). Homeland Security. https://www.dhs.gov/natural-disasters

Silberstein, S. (n.d.). What Is an Insurance Claim? The Balance. https://www.thebalance.com/understanding-insurance-claims-2645921

How Courts Work. (2021, November 28). How Courts Work. https://www.americanbar.org/groups/public_education/resources/law_related_education_network/how_courts_work/discovery/