Is a limit on damages the right way to reform the legal system?

It seems an article of faith that the legal system needs to be reformed. While this may or may not be true, one of the common arguments against the way the legal system works is the large verdicts that often end up in the news. One of the main ideas for “tort reform” [...]

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Do the insurance companies really know what they’re doing?

We would like to think that insurance companies are rational, thinking companies. But often, they aren’t. One of the insurance companies latest fears (and thus one of the reasons they use to delay payment) is the potential that Medicare may have to be reimbursed.
My partner recently received a form from an insurance company. [...]

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Stupid Insurance Tricks

One of the things we’ve noticed recently is that more and more insurance companies are picking up the tactics pioneered by the lower level players in the industry.
Two to three years ago, there were some sub-standard insurance companies that were well known for their delaying tactics.  When you saw the insurance company and the law [...]

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Legal Process – Written Discovery

Simply put, these are a series of written questions that must be answered under oath, i.e. the person answering must swear that they are correct or be guilty of perjury.   In legal terms, these are called “interrogatories.”  There are also requests for documents related to the case, “requests to produce.”
For auto accidents and medical [...]

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Why does it take so LONG, Part 2

This is the second in a short series of posts about a common question, “Why does it take so long to complete a claim?”
In the first post, here, we discussed the main reason that your claim takes a long time to resolve. The insurance company delays the process because it’s playing the odds that the [...]

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Why does it take so LONG. Part 1

One of the common questions I hear from my clients is “Why is this taking so long?”  There are a host of different reasons, but there are two major factors that drive the length of time a case takes to resolve, and neither of them have anything to do with you or your case.
First, the [...]

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Insurance Fraud – it’s not what you think

It’s a story that sounds like a movie script.  In 2006, a huge hailstorm damaged hundreds of homes in Indiana.  State Farm, not surprisingly, denied many of the claims.  After complaints to the Indiana Department of Insurance led it to begin an investigation, State Farm accused a roofing contractor of intentionally damaging roofs in order [...]

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The truth about the “McDonald’s Coffee Cup” verdict

Everyone has heard of the case, or at least thinks they have.  In fact, some people have even created the “Stella” awards to mock so called frivolous lawsuits (most of which are actually fake).
Finally, someone has investigated the truth about what really happened in New Mexico in 1994.  HBO is premiering the Documentary “Hot Coffee” on June [...]

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Legal Process – Service

What can be a time consuming aspect of filing a lawsuit is Service of Process.  The rules for this are here.
Basically, you must arrange to have a copy of the lawsuit delivered, by hand, to the defendants.  This means that it must be physically handed to the defendant, or someone in their household over the [...]

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The effects of Wendling on injured people.

Wendling Chart

Yesterday we discussed the recent case from the Illinois Supreme Court, Wendling v. Southern Illinois Hospital Services.
We did not discuss the most important aspect of the decision of the Supreme Court, what effect does it have on real people?
Under the lien statute, the total recoverable liens can only be a maximum of 40% of the [...]

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