Oct
28
2009
Claims Consultant Chris Cloude
Author: Christopher B. Cloude, Claims Consultant
Before we can talk about what a personal injury settlement involves, we must first look at what makes a successful personal injury case that leads to a settlement.
In order to have a personal injury case for which you can make a recovery, there are three basic elements that must be present:
1. Liability
2. Damages
3. A source of recovery
Liability is… [ read more ]
Oct
2
2009
Attorney R. Clayton Allen
Author: Attorney R. Clayton Allen
Arbitration is a method of resolving disputes without going to court. Sometimes an attorney will recommend arbitration to a client as the best means to resolve a claim. In arbitration, the dispute is submitted to a third party (the arbitrator) who resolves the dispute after hearing a presentation by both parties. The presentation may be just documents submitted to the arbitrator by each side. More often,… [ read more ]
Jun
1
2009
Author: Attorney Elizabeth M. Allen
Attorney Elizabeth M. Allen
Deadlines. They’re a fact of life. We face deadlines for filing income tax returns, for filing health insurance claims, for submitting college applications, for renewing driver’s licenses, and the list goes on.
Few deadlines are as important as those we encounter when we make a personal injury claim for damages against a negligent third party. Under Virginia law, if a plaintiff… [ read more ]
May
4
2009
Article by Bree King & Attorney Melinda H. South
Bree King, Claims Consultant
Attorney Melinda H. South
Recently I received a call from a young man who had signed a Release to settle his personal injury claim. He wanted to know if he had any recourse. It turns out he had signed a Release only three weeks after his motor vehicle accident even though he was still in pain. He… [ read more ]
Apr
29
2009
Author: William P. Bootwright
Bill Bootwright, Claims Consultant
It’s often been said, and with good reason, that the contributory negligence defense is “an insurance company’s dream” and plaintiff’s “worst nightmare.” Under the common law doctrine of contributory negligence, there is no comparison of fault between the wrongdoer and the injured person. If the injured person is even 1% at fault in a way that significantly contributes to cause the… [ read more ]
Apr
27
2009
Summary by: Robert L. Mertig
Robert L. Mertig, Claims Consultant
As summer approaches, it’s important to be aware of recent changes in the boating laws in Virginia pertaining to the operation of personal water craft (PWC) such as Jet Skis and motorboats. These changes include a schedule of required licenses and boating safety instruction that begin to take effect this summer. Over the next few years, eventually all users of PWC will be required to… [ read more ]
Apr
6
2009
Claims Consultant Chris Cloude
Author: Chris Cloude
You are driving to the grocery store taking your time and following your normal route. As you approach an intersection, the stoplight is green and you proceed into the intersection. Out of the corner of your eye you see a flash, and your car is hit on the passenger side.
A few days later, an adjuster calls you from the insurance company for the person that hit you.… [ read more ]
Mar
25
2009
Egena Younger
Author: Egena T. Younger
I worked on the defense side for insurance companies for over 17 years. I experienced many years of investigating, evaluating, and negotiating automobile and commercial claims. From the first day of work, I was told to settle cases for a fair and reasonable amount. I was proud to represent the insurance company and its investors by checking every bill and report, to ensure that only what was necessary, related… [ read more ]
Mar
18
2009
Attorney Charles Littlepage Allen
By Attorney Charles L. Allen
“What is my case worth?” I am often asked this question by clients when I am first getting to know them. The simple answer is this; whatever a jury says it is worth.
Some people with personal injury claims are surprised to find out that they are not automatically entitled to a… [ read more ]
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