Santa Ana Injury Lawyer Blog

When an Insurance Company Tries to Lowball Your Claim

Fri, 25 Jun 2021 23:15:02 GMT

When an Insurance Company Tries to Lowball Your Claim

You’ve been injured in an accident and you require medical treatment. Your instinct is to, understandably, file claims with any insurance companies that have a stake in your situation. In addition to your own medical insurance provider, you may have filed claims with your auto insurer or the insurance company that represents another party involved in your accident. Although you expect your claim to be processed in a reasonable amount of time and to be valued reasonably, the result of your claims process turns out to be anything but reasonable – your claim has been lowballed.

Your first question upon receiving notice of a lowballed claim is likely, “Why?” followed quickly by “What do I do now?” All too often, injury victims assume that there is nothing to be done in such situations – that all of the power rests in the “hands” of the insurance company involved. Thankfully, this is rarely the case. Most of the time, working with an attorney can help you to right a lowballing situation. Under certain circumstances, an attorney may be able to both secure you any and all compensation to which you are rightfully entitled and to hold the lowballing insurance company accountable for conducting its business in bad faith.

If you’re concerned about exploring your legal options in the wake of receiving an improperly valued claim settlement offer because you can’t afford your medical bills – let alone an attorney’s services – don’t fret. Many attorneys, including those at our firm, offer free consultations. The free (and pressure-free) consultation process allows potential clients to ask questions, voice their concerns, and receive a complimentary case evaluation without committing to any action whatsoever. Therefore, you ultimately have nothing to lose by speaking with an attorney about your improperly valued claim situation – and you have potentially a great deal to gain by exploring your rights as an injury victim.

Protecting Their Bottom Line

When trying to understand why an insurance company has lowballed a claim, it can be helpful to remember that insurance companies are for-profit enterprises. Just as retailers, hospitality providers, banks, and other for-profit companies seek to protect their bottom line by cutting costs where they can, so do insurance companies. The primary problem with an insurance company cutting costs is that these money-saving measures often negatively affect those who are suffering in the wake of sustaining injury, property damage , etc.

Essentially, insurance company employees are trained to reject or devalue claims whenever possible. Most of the time, these training approaches aren’t “personal” or outright malicious… they are simply designed to protect the company’s bottom line. However, there are times wherein insurance companies intentionally try to take advantage of claimants in unlawful ways, and this approach can serve as grounds for litigation. Regardless of whether an insurance provider has pushed back on the value of your claim honestly or dishonestly, it can help to have a lawyer intervene on your behalf.

Responding to an Improperly Valued Insurance Claim Settlement Offer

There are two primary reasons that you may potentially benefit from connecting with an experienced attorney after you’ve suffered the figurative gut punch of a lowballed insurance claim settlement.

First, working with an attorney can help to ensure that your claim is ultimately paid out according to its true value. Too often, insurance companies get away with taking advantage of individual claimants. As a result, some companies actively try to lowball claims initially in the hopes that the individual claimant will not push back. However, when an attorney gets involved, many insurance company employees snap to attention. In an effort to avoid litigation and/or negative public relations challenges, insurance companies are often willing to “retrace their steps” and reevaluate the value of a claim once an attorney points out that an offer is unreasonably lowballed. Sometimes, the simple act of an attorney making a phone call to an insurer is enough to right the situation. However, in complex cases, having an attorney on your side can be helpful as well, given that attorneys know how to fight injustices in effective and efficient ways.

The second primary reason why you could potentially benefit from speaking with an attorney about a lowballed insurance claim involves a concept commonly referred to in the legal community as “bad faith.” Insurance providers owe both policy holders and other claimants certain obligations under the law. These obligations include a responsibility to properly investigate a claim before determining its value and a responsibility not to mislead policy holders about their rights per the terms of a policy in question. If an insurance provider deliberately fails to uphold their legal duties, those who suffer harm as a result of this failure may be able to hold the erring insurance company liable for bad faith conduct. When bad faith claims are upheld, those who file them may be entitled to significant financial compensation from the insurance provider named, above and beyond any readjustment to the value of the original claim. In short, you may be owed both the full value of your claim and additional compensation for the unlawful runaround that the insurance company has potentially put you through.

Legal Aid Is Available

When you’re frustrated in the wake of receiving notice that your insurance claim has been lowballed, turn that energy into action that you can take to the bank. With the assistance of an experienced personal injury attorney at our firm, you may not only be able to recover your properly valued award amount, you may be able to recover damages related to any potential bad faith conduct on the part of the insurance provider in question.

You don’t need to know for sure whether your situation is “ripe” for an attorney’s assistance before scheduling a no-cost, risk-free consultation. Connect with our firm’s experienced team today to receive an objective evaluation of your situation and legal guidance concerning your rights and options under the law. We look forward to speaking with you.

Don’t Let Social Media Compromise the Success of Your Legal Case

Thu, 17 Jun 2021 17:45:02 GMT

Don’t Let Social Media Compromise the Success of Your Legal Case

According to Statista , 3.78 billion people globally were classified as “active daily social media users” in 2020. This number encompasses just short of half of the entire population of the planet. Therefore, if you’re an active social media user, you’re certainly far from alone. Social media habits have, for more than a decade, been dramatically impacting both American and global culture in a myriad of ways. From how we consume news and entertainment to how we express political and social outrage, from how we remain connected with loved ones to how we network professionally, social media is now a dominant force in most American’s daily lives.

If you have recently been injured as a result of another’s negligence , recklessness, or intentionally dangerous behavior, you may be thinking about filing a lawsuit against those responsible for the harm that you have suffered. Perhaps, you have already connected with an experienced Orange County personal injury attorney in order to file a claim. Regardless of where you are in the process of filing a personal injury claim, it is important to carefully consider the ways in which your social media activity could impact the integrity of that claim. Unfortunately, even seemingly mundane social media activity can negatively impact the outcome of your case. Therefore, you’d ideally refrain from using social media until your case resolves. However, if that reality isn’t realistic (for whatever reason), you’ll want to approach your social media usage with cautious intention until your case is complete.

Why Insurers and Others May Be Monitoring Your Social Media Activity

There are two primary “interested parties” that may be monitoring your social media activity in the wake of your injury… regardless of whether you’ve yet decided to file a lawsuit or not. These interested parties are insurers and others who have a stake in how you approach the legal and financial aftermath of your injurious circumstances.

Insurers are corporations. As such, they have a legal duty to (generally speaking) act in ways that allow them to remain as profitable as possible for the benefit of their shareholders. Because they are duty-bound to turn a profit when possible, insurance companies do what they can to protect their bottom line. Some insurance companies behave in unethical and even unlawful ways in order to protect their financial viability. However, even well-run companies train their employees to minimize the amount of compensation that is paid out to those who file claims. As a result, if an insurance company can find an excuse to reject your claim or to devalue it, they will likely act upon that excuse.

Widespread research indicates that insurance companies are increasingly opting to monitor the social media activities of those individuals that file claims in an attempt to discern whether these claims are legitimate. For example, if a car accident victim files a claim insisting that their recent collision has left them with severe back injuries and that victim posts a selfie while on a rigorous kayaking trip, the insurer may have legitimate grounds upon which to allege that the filer is attempting to commit fraud. This is, however, an extreme example. Far more common is a scenario in which a car accident victim claims that they have severe neck pain, yet posts a selfie in which they are playing with their kids or looking up at a beautiful tree. Neither of these photos seems incriminating. However, an insurer could insist that they serve as evidence that the victim doesn’t truly have debilitating neck pain, even if the victim’s claim is legitimate.

Similarly, anyone else involved in your situation and/or case – including opposing counsel for anyone that may be partially or totally responsible for the harm that you have suffered – may be monitoring your social media activity for like minded reasons. They want to use anything that you say, post, or do online against you in an effort to have your claim dismissed or devalued. As a result, you need to be on your guard, even when it comes to seemingly innocuous social media behavior.

Navigating Social Media Successfully While Your Case Remains Active

If you choose to remain active on social media while your case is unresolved, there are two primary actions you can take to better ensure that your activity doesn’t harm the value and outcome of your claim. First, you’ll want to adjust the privacy settings on every one of your social media sites and take down anything that you may have posted since you got hurt that could be used against you (even though your claim is legitimate and those seeking to hold your posts, etc. against you would be grasping at straws). In addition to your Facebook, Twitter, and Instagram accounts, don’t forget dating sites, professional networking sites, and any other platforms that are currently active under your name or username.

Second, don’t assume that your privacy settings will protect you. While it is important to adjust your privacy settings, it is also critically important to avoid complacency. Every time you post on your own account and every time you comment, post, react, etc. to another’s account, ask yourself whether anything you are doing or saying could – in any way – be used to devalue or reject your claim. If you’re unsure, err on the side of caution and refrain from posting.

Legal Assistance Is Available

If you have been injured due to another’s intentionally dangerous, reckless, or negligent conduct and you have yet to explore your legal options, please connect with our firm today. Our experienced and dedicated team provides high-quality, client-focused services that don’t “begin and end” with court filings. We care about your social media activity because we want you to receive every penny of compensation to which you are rightfully entitled. As a result, if you have questions or concerns about how any of your circumstances may impact the strength of your case, we’ll be more than happy to advise you accordingly. We look forward to speaking with you.

The Most Dangerous Industries in the U.S.

Mon, 07 Jun 2021 22:45:29 GMT

The Most Dangerous Industries in the U.S.

Workers face a risk of injury while engaging in work-related duties , no matter which industry employs them. Desk workers regularly suffer from repetitive stress injuries, while hospitality and health care workers are physically attacked with surprising frequency. Construction workers often risk serious falls while working at dangerous heights while agricultural workers develop occupational illness at greater than average rates due, in part, to the chemicals used in fertilizers and pesticides. No matter where you work, your work is – in one way or another – dangerous. However, there is no question that some U.S. industries are more dangerous than others.

It’s important to both raise awareness about the most dangerous industries in the United States and to highlight that every industry is dangerous in its own way. By spotlighting the most dangerous industries, American law makers and regulators can better ensure that these industries become progressively safer. By reminding all workers that American employment is inherently dangerous in various ways, “low-risk” industries will avoid complacency when it comes to worker safety.

While keeping in mind that all industries are dangerous in unique ways, it’s important to familiarize yourself with the most dangerous industries in America. Even if you don’t work in one of these industries, understanding the hazards that affected workers face can help you to develop empathy for them and can help you to serve as a more informed worker safety advocate within your own industry. If you work in one of these particularly hazardous industries, it is important to understand your rights under the law, in the event that you suffer harm while on the job and you need to avail yourself of any opportunities for legal and/or financial recourse that are available to you.

The Industries that Suffer the Highest Rates of Fatal Injuries

According to the United States Bureau of Labor Statistics, the following 10 industries experience the highest rates of fatal injury annually per 100,000 workers:

Fishing & hunting related workers: 99.8 per 100,000
Logging workers: 84.3 per 100,000
Aircraft pilots: 48.6 per 100,000
Roofers: 45.2 per 100,000
Recyclable materials collectors: 35.0 per 100,000
Iron/Steelworkers: 33.4 per 100,000
Truck drivers: 26.8 per 100,000 (987 total – the highest among all industries)
Farmers and ranchers: 24.0 per 100,000
Lawn service and groundskeeping workers: 21.0 per 100,000
Power-line installation and repair workers: 18.7 per 100,000

Incredibly, these top 10 deadly industries only represent a small fraction of the more than 5,000 Americans killed as a result of work-related injury and occupational illness each and every year in the U.S. Additionally, fatal data estimates that every year, approximately 3 out of every 100 workers is non-fatally injured while on the job in ways that are serious enough to require medical attention and/or time away from work to seek treatment and/or recover.

Some of the U.S. industries that experience the most worker deaths overall are not included in the above list because they employ so many workers that their death per 100,000 worker ratio isn’t as high as some other industries. However, it is also worth noting which U.S. industries experience the most fatalities overall, as they are significantly hazardous in their own right. The following industries experienced the most worker deaths (numbered in parenthesis) in 2017 alone:

Construction (971)
Transportation and warehousing (882)
Fishing, hunting, and forestry (581)
Professional services (532)
Government industries (473)
Manufacturing (303)
Retail industries (287)
Hospitality industries (262)
Public administration (205)
Education and health industries (189)

Again, as shocking as these statistics are, they don’t take into account the hundreds of thousands of non-fatal (yet potentially debilitating) injuries that occur in industries all across the U.S. Although the issue of worker safety doesn’t get nearly as much media or governmental attention as it should, it remains a critically pressing issue in California and throughout the rest of the country.

Retaliation and Safe Workspace Concerns

If you’re concerned that exploring your legal rights will lead to retaliatory behavior on the part of your employer, know that the legal consultation process is confidential. This means that your employer will not be alerted to the fact that you’ve spoken with an attorney unless you choose to pursue legal action. Should you choose to pursue legal action, know that retaliation in response to a worker’s exercise of their legal rights is unlawful. Therefore, if your employer retaliates against you for exercising your rights as an injured worker , a reputable attorney can aid you in both protecting your livelihood and holding your employer accountable for their unlawful behavior.

Additionally, if you’re concerned that whenever you return to work, you’ll be returning to an unsafe work site, an attorney can help you to file an anonymous worksite inspection request with the Occupational Safety and Health Administration . This agency conducts random workplace inspections all over the U.S., so there will be no reason for your employer to suspect that you requested an inspection. If OSHA finds that your employer is violating safety regulations, they can be fined and legally pressured to address outstanding safety hazards present on site.

Legal Aid Is Available

If you have been injured while on the job or have lost a loved one due to work-related circumstances, please connect with our experienced legal team today to learn about any and all legal remedies available to you at this time. You may be in a position to collect workers’ compensation benefits and/or to file a personal injury claim. Our team will do our utmost to protect you from retaliation for exercising your legal rights and to protect you and your coworkers from having to earn your living in an unreasonably unsafe environment.

We believe that all workers deserve to understand their rights under the law. Therefore, we offer free consultations that are both risk-free and confidential. Our firm will never pressure you to take action. We will simply learn about your circumstances and offer our objective assessment of your legal options accordingly. Should you choose to take action, we will provide you with all the legal support that you require moving forward. We look forward to speaking with you.

Considerations if You’ve Been Injured While Visiting a Theme Park

Thu, 04 Mar 2021 17:36:22 GMT

Considerations if You’ve Been Injured While Visiting a Theme Park

During the 12 months of 2017 alone, The United States Consumer Product Safety Commission reported that more than 43,000 injuries occurred in theme parks located in the U.S. Visiting a theme park can serve as an excellent way to have fun, relax, bond with loved ones, and eat delicious snacks. However, all too often, visiting a theme park is also an excellent way to get injured.

It’s important to understand that if you’ve been injured while visiting a Southern California theme park, you have rights as an injury victim. Depending upon the circumstances surrounding the event(s) that caused your injuries, you may be able to hold the theme park and/or third-parties accountable for the harm you’ve suffered. The best way to determine whether you have solid grounds upon which to file a case is to schedule a free (and risk-free!) consultation with the experienced personal injury team at our firm. No two theme park injury scenarios are exactly alike. We won’t be able to evaluate your situation accurately and objectively until we learn more about what you’ve gone through. With that said, there are some considerations you should begin mulling over in the wake of a theme park accident. If any of these considerations inspire questions or concerns, write them down. That way, you’ll be able to bring your questions to your consultation so that we can answer each of them individually.

When Is a Theme Park Liable for Visitor Injuries?

Broadly speaking, theme parks may be held liable for injuries caused to their visitors if a specific injury scenario meets the basic foundations that must be proven in any successful personal injury lawsuit . These steps are referenced below in ways that envision the theme park as the potentially liable party in an injury action:

The theme park owed the visitor in question a “duty of care” under the law
The theme park breached the duty owed to the visitor by being somehow negligent, reckless, or intentionally dangerous in its policies and/or practices
As a direct result of the theme park’s breach of duty, a visitor suffered physical injury

With that said, there are some limitations to theme park liability that aren’t usually present in other personal injury scenarios. For example, if you’re riding your motorcycle down the road and a car collides with your bike, the motorist who hit you can’t raise the defense that you signed your rights to sue away when you began driving down the road. However, theme park tickets contain “fine print” that – at least, under some circumstances – limits their liability in the event that a visitor is injured while they are on that theme park’s property.

This is one of the many reasons why it is important to speak with an attorney in the event that you’ve been injured while visiting a theme park. It can be very difficult to know “at a glance” whether your type of injury scenario falls under a theme park’s limited liability shield or whether you may be able to hold that theme park accountable for the harm you’ve suffered. However, an experienced personal injury attorney who handles theme park liability cases regularly will know whether you have grounds to file legal action or not, based on the unique circumstances underlying your case.

Causes and Consequences of Theme Park Injuries

Theme parks are dynamic spaces. They feature a variety of surfaces, experiences, and events. As a result, you can never be quite sure how your day is going to unfold in a theme park. Also as a result of the dynamic nature of theme park space, there are seemingly endless ways to get hurt. Some injury scenarios involve third-parties. Meaning, another guest could cause you harm by instigating an altercation, assaulting you, failing to observe the safety rules on rides or attractions, or unintentionally injuring you in any number of ways. It’s important to speak with a lawyer about exactly how you were hurt, as it may make sense to file a third-party suit in addition to or instead of suing the theme park that hosted your visit.

Theme parks are most often held liable when their facilities, equipment, employees, and/or practices cause guests harm . For example, when a ride malfunctions and guests are hurt as a result or an improperly outfitted water ride causes guests to drown, the theme park may generally be held liable because it is responsible for safety maintenance and safety regulation observance of its own resources.

One of a theme park’s most critically important resources is its staff members. When a staff member is not “reasonably careful” with regards to their work-related choices and a guest is hurt as a result, the theme park could potentially be held liable for the actions of their staff, even though they cannot usually be held liable for the actions of other guests. For example, if a staff member is improperly operating a ride, this could be because they were improperly trained. Safety training is the theme park’s responsibility. If someone is hurt due to improper ride operation caused by inadequate training, it is not the staff member that would be held liable personally but the theme park itself.

Free Legal Consultations Are Available

If you’ve been injured while visiting a theme park in Orange County or elsewhere in Southern California, connect with our experienced premises liability team today to learn more about your options. As previously mentioned, theme parks are able to successfully limit their liability in regards to some injury scenarios, but it is very hard to tell at a glance whether your injury situation will be affected by that limited liability or not. As a result, it’s a good idea to schedule a no-cost, risk-free consultation with our firm to clarify your legal situation with the assistance of an experienced legal professional. You have nothing to lose by exploring your options and potentially a significant amount of compensation to gain by doing so. If you haven’t already scheduled a consultation with our firm, please do so now. We look forward to speaking with you.