Missouri Insurance Lawyer Blog

If you have been injured by negligence you have a personal injury claim. Depending on how the claim happened you may also have a property damage claim, such as damage to your car. If you want to pursue a claim for damages you should consult with an attorney experienced in personal injury law. Many claims can be handled without hiring a lawyer but you should always consult with a lawyer first because the law is complex and in your particular situation there may be reasons that an untrained person should not handle their own claim. For example, all personal injury claims are subject to statutes of limitations, which require that you bring your claim within the time period specified or your claim is forever barred. The general statute of limitation for personal injury in Missouri is five years, but that does not mean that is the time limit that applies to your case. Time limits can be drastically shorter depending on a variety of factors that a non-lawyer would not know. So step one is see a lawyer. Step two is asking your lawyer if this is something that they need to handle or if you could do it on your own. You may have claims or rights you don't know about so if you proceed without speaking to a lawyer you are taking a big risk.

Step three; if you proceed on your own collect all the information about how the injury happened such as accident reports, photos, witness names, addresses, and phone numbers. Get written or recorded witness statements and ask the witnesses to state what they saw, what they heard, and what they did. Finding all the witnesses may take some legwork because it's rare that all the witnesses are listed on accident or incident reports. Gather documentation to support your damages including, medical bills, and pharmacy records, lost wages, loss profits, expenses and property damage.

Once you have gathered all these documents make a demand upon the insurance company for the responsible person(s) that sets out how the incident happened, and your damages. A demand is simply a letter sent to the insurance company setting out the facts of your case and asking for an amount of money to settle your case. The letter should have the supporting information attached.

The total of all the bills, losses and expenses are called special damages. In addition to special damages you are entitled to compensation for pain and suffering. Pain and suffering is difficult to place a value on, but it is easier to get money for if you have evidence that supports the claim. Evidence includes pictures of injuries, medical records documenting pain, pain medication prescriptions, and witness testimony. Including this information in your demand will help you get the true value of your claim. If you can get a letter from your doctor setting out the injuries that you suffered as a result of the incident you should do so. If you have medical issues that pre-existed the injuries you claim from your accident then this is particularly important. Insurance companies often refuse to settle or make low offers when they believe there is evidence that you already had the injury before the accident. Any evidence you can use to support that the injury is new, different, or an aggravation is helpful.

Once you make your demand you then need to stay on top of your claim and make sure the insurance company makes a response. You also need to be responsive to the company's reasonable request for additional information. You should make your demand high enough so that you have room to negotiate down. There is no hard and fast rule for how much to demand, although insurance professionals often say 3 to 5 times special damages is typical for an opening demand. If the company makes an offer that is unacceptable you should negotiate to get to their best offer. If you can't get them to a reasonable sum, then you may wish to speak to a lawyer again. If you settle, make sure you carefully read and understand the release before you sign. Depending on your personal situation you may also have to satisfy liens of medical providers, health insurers, Medicare, Medicaid or others. You should also make proper claims under your insurance policies. If you were injured on the job or receiving social security disability you should consult with an attorney.

This article is an overview and provides tips on handling your own personal injury claim. It does not cover all the legal issues that may be presented in your particular case. This article is not legal advice and you should consult with a lawyer before proceeding on your own.

If you or a loved one has suffered an injury in a car cash you need to consult with an experienced personal injury lawyer. The more information you can give your lawyer the better. If you are able, gather the following information and bring it with you when meeting with your lawyer. Obtain the names of all the people involved in the car crash, and any witnesses. A copy of the accident report should be available within 7-10 days after the crash and is available to anyone who requests a copy. Bring the name and contact information for any insurance adjuster you have spoken with. Photos of the vehicles and scene if you have them. A copy of your own auto policies. Copies of written statements. Medical records or bills, and a copy of your health insurance card. Documents regrading any lost wages or business losses. Receipts for any property damage, or other expenses related to you injuries or the crash. Gathering this information will help your lawyer help you with your Missouri personal injury claim. For more information about personal injury visit the personal injury information center.

Umbrella insurance provides an extra level of protection for your home or business. Umbrella insurance provides protection against claims or lawsuits that exceed the coverage on your home, car and business liability insurance policy. Umbrella coverage is usually sold in $1,000,000.00 increments and is very cost effective. If you need additional coverage this is an inexpensive way to cover your risk and protect yourself or your business. The New York Times has written an excellent article on this topic that is well worth reading.

Umbrella Coverage for Preventing Your Ruin - NYTimes.com.

Knowing how much life insurance to get is critical to protecting your family. This article from the New York Times provides valuable information.

Your Money - How Much Is Enough in Insuring a Life? - NYTimes.com.

If you are a claimant under a life insurance policy and the insurance company has refused to pay you need a lawyer experienced in fighting insurance claims denials. Chris Faiella, with the law firm of Tatlow, Gump, Faiella & Wheelan, LLC, may be able to help. Contact him at www.tgfwlaw.com or call at 1-800-264-3455.

People purchase disability insurance to provide financial assistance in the event they become disabled and unable to work for a living. These policies are sometime purchased by an individual but most often they are provided as a benefit by an employer as part of a group plan. These policies are also commonly sold to professionals such as doctors and lawyers. Unfortunately, many legitimate disability claims are unfairly denied by the disability insurance companies, leaving policyholders without the benefits of a policy they have paid for.

If you have suffered a disability because of car crash or other tragedy or illness you may be entitled to benefits under your group or individual disability policy. If you insurance company denies your claim the law firm of Tatlow, Gump, Faiella & Wheelan may be able to help. To learn more visit our web site or give us a call at 1-800-264-3455.

Great information on disability insurance from the New York Times.

Disability, the Insurance That Is Often Sadly Overlooked - NYTimes.com.

If you have disability insurance and have become disabled, but your insurance company won't pay you need and an attorney experienced in this area. The lawyers at Tatlow, Gump Faiella & Wheelan, LLC can help. Contact them at www.tgfwlaw.com

The Missouri Department of Insurance has issued guidance on the implementation of a new law limiting the amount of the co-pay insurance companies can impose on services provided by a Chiropractor. Many people choose to receive services for back injuries and similar injures. You can read the bulletin here.

Insurance companies have an obligation to defend and indemnify an insured under a typical liability policy. When a company is notified of the claim or suit the company should start performance of the contractual obligation which would include speaking with the insured, investigating, gathering facts, protecting evidence, hiring counsel for the insured, and responding to the claim. Sometimes under the policy language the insurance may have an exclusion under which the company does not have an obligation to defend and indemnify the insured. This is a problem for the insured, but insurance companies don't have to keep promises they don't make. Unfortunately companies don't always take a fair view of the facts or policy language and will not defend and indemnify the insured even when they should.

Many companies simply use a reservation of rights as standard operating procedure. This practice has become common and insurers often respond by sending letters reserving the right to deny coverage for as many reasons as possible and for any reason they can think of or discover in the future. Under an ROR the insurance company is saying, we will defend for now but we can still sue you in another lawsuit to get a court to decide that we don't have to defend or indemnify you. Many insurance companies also fail to honor their obligation to fairly consider settlement when an ROR has been issued. Unfortunately for the insured this means massive uncertainty, possible loss of the opportunity to settle, financial risk and additional litigation. If the insured loses both the liability and coverage lawsuit they will be liable for the judgment from the first law suit and will also have to pay the insurance company for the legal fees and expenses of the insurance company. This can lead to ruinous financial consequences and bankruptcy for most people.

The sharp practice of issuing ROR's is happening even when an insurance company receives coverage opinions favorable to the insured. To gain leverage insurance companies try to squeeze the insured by including language that expands the ROR not only to the reasons stated in the letter, but reserves the right to expand the reason for denial for any reason. The insured is also reminded that they have a duty to cooperate and if they fail to cooperate they will lose their coverage. This means the insured doesn't know what is coming next.

Insurance companies will often also use favorable dates ins such letters so that the conditional obligation that they assume under the ROR is not the date they first became aware of the claim, but a date that positions the company best for future litigation. This is particularly true if the insurance company has failed in its duty to settle before the insured made a formal demand for defense and indemnity. In Missouri many of the bad things that can happen when an ROR is issued can be avoided by rejecting the reservations. Missouri law prevents insurance companies from using threats and leverage to bully insured's to accept a reservation of rights. Under Missouri law and insured is entitled to treat an ROR as a breach because an ROR is anticipatory repudiation of the contract. Although the insurance company still has the upper hand because of its financial strength and expertise, this gives the insured the option of walking away and controlling the litigation without the insurance company's involvement. This also gives the insured a chance to resolve the claim by negotiating with the company on more equal footing, or the insured can defend or settle the underlying lawsuit on its own and then suing the company for breach of the contract. The insured can also settle the claim so that the plaintiff has the obligation to pursue the insurance company, so that the insured can settle can get out without any further risk.

The decision to accept or reject an ROR depends on many factors, and may or may not be a good decision depending on the situation. These decisions can be particularly complex for businesses as the ROR may have implications that are not immediately apparent and must be thought through with extreme care. Anyone who has received an ROR from their insurance company should consult with a private attorney knowledgeable in this area of the law.

The law firm of Tatlow, Gump, Faiella & Wheelan, LLC may be able to help if you are having a problem with your insurance company. To learn more about our law practice visit our website.