How Defense Attorneys Try to Deprive You of Your Legal Rights

April 2, 2013 By

Orange County LawyersDefense attorneys and insurance companies hold conventions and bring in professionals to show each other how to deprive personal injury and wrongful death victims from obtaining justice in court.

For example, here is an actual PowerPoint presented at “The Foundation of the International Association of Defense Counsel” which shows just that. If you don’ think you need an experienced lawyer to help you with your personal injury or wrongful death case, think again.

Click here to watch or download the PowerPoint and to learn more about what you’re up against…

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Sworn Statements are For Suckers. Don’t Give One to The Other Side’s Insurance Company!

April 1, 2013 By

10 Reasons Why You Shouldn’t Give a Recorded Statement to the Other Side’s Insurance Company

Podcast: Play in new window | Download

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How a Typical Orange County California Underinsured Motorist Claim Works

March 25, 2013 By

How an Orange County Underinsured Motorist Automobile or Motorcycle Claim WorksThe Collision

You’re driving down Irvine Boulevard in your brand new Ford F-150 truck that you purchased at Tuttle Click Ford. The light at the intersection you’re approaching has been green for sometime and you’re smiling and listening to the radio. You’re meeting your wife in Laguna Beach for lunch and it’s going to be a beautiful day .

Without any warning, a sedan slams into the passenger side of your truck. All you can remember is being knocked upside down and then rolling. After you come to a stop you’re hanging upside down with the seatbelt keeping you from falling on to broken windshield glass and an exposed broken piece of steel. You can smell the gasoline and hear people screaming.

You wake up at Mission Hospital. The doctor tells you they had to operate on your broken legs but it looks like over time, you should be OK. Before he finishes talking your right leg starts to throb. You know this is serious but it could have been worse. You say a prayer and give thanks for being alive.

2 months later…

You’ve made a good recovery and are back to work. Your Orange County personal injury lawyer is one of the best of the best and he’s handling all the investigation, insurance and legal details.

Your lawyer has filed a civil Orange County Superior Court lawsuit against the other driver. He’s insured by Mercury Insurance. It appears that just before the collision, his cell phone range and he took his eyes off the road to grab it off the passenger seat. By the time he looked back up it was too late. He admitted fault to the investigating Irvine police officer.

Through written discovery and a great deal of additional work, your lawyer determined that the responsible driver only carried a California minimum $15,000-$30,000 liability policy with Mercury. What this means is that the only insurance benefits Mercury is required to pay is $15,000. Your lawyer tells you that the other $15,000 is coverage that might be available if other people were injured. That the $15,000 is the maximum amount that would be paid out to any single victim and a total of $30,000 was available for all combined claims.

After your lawyer completes an asset background check of the responsible driver, he determined that there were no significant bank accounts or assets. In fact, it looks like even if you obtained a judgment against the other driver for more than $15,000, the chances were high that he would simply file bankruptcy.

Furthermore, your lawyer also confirmed that the other driver was not in the scope or course of employment at the time of the collision. If so, an argument might have been made that the responsible driver’s employer and company liability insurance might provide additional coverage. In this case, the other driver had recently lost his job and was unemployed at the time of the collision.

Your lawyer presents your medical records and billings to the other driver’s insurance company. After a bit of negotiation, he makes a demand for the policy limits and the $15,000 is paid. A settlement agreement is entered into and the pending lawsuit is dismissed.

Underinsured Motorist Claim

Back when he was first retained, your lawyer contacted your insurance company, State Farm, and determined that you carried a $250,000-$500,000 uninsured/ underinsured (UM/UIM) motorist coverage. What this means is that if you were injured as a result of another driver who either (1) was not insured or (2) carried inadequate liability insurance, you and your passengers could present a claim against your own insurance company in a sum for up to these amounts.

Under California law, your insurance company may not raise your rates for doing this. In fact, this is the reason you’ve been paying insurance premiums for the past 10 years. You’ve always thought of your UM/UIM coverage as a safety cushion and now you’re glad you have it.

Your lawyer placed State Farm on notice that there may be a UM/UIM claim depending on the amount of coverage the other party carried. Now that you’ve resolved the third party claim with the other driver for payment of his policy limits, your lawyer will pursue a UIM claim against your own insurance company. This is called a first party UIM claim (here’s an example).

Your lawyer puts all the relevant records together and sends them to your UIM carrier. A demand is made for the policy limits of $250,000. As before, this is the maximum amount of UIM benefits that can go to any single claimant. The additional $250,000 would be available to cover additional claims by other injured persons.

In response to the UIM claim, your own insurance carrier offers only $100,000 to settle the claim. Your lawyer negotiates further and after two weeks, your insurance carrier is willing to offer $200,000. Despite your lawyer’s follow up letters and arguments, they refuse to offer any additional benefits.

At this point your lawyer advises you that you can either settle your UIM claim for $200,000 or allow him to pursue the first party UIM claim via arbitration. In California, you don’t have the right to take your own insurance carrier to trial in a UIM claim. Binding arbitration is your sole remedy.

Your lawyer recommends arbitration and you take his advice. A formal demand for UIM arbitration is made. Your own insurance company hires a defense law firm to represent its interest. Discovery is exchanged and depositions are taken. They have you examined by their own doctors and start making one excuse after another as to why they shouldn’t be required to pay you another dime.

Your lawyer and the insurance carrier’s lawyer jointly select an arbitrator to preside over the binding arbitration. At the arbitration, both you and the other side will submit arbitration briefs, witnesses and evidence. The outcome of your case will come down to what this single neutral arbitrator decides.

Before arbitration, you take your lawyer’s advice and coordinate a non-binding mediation with the other side. This is an informal hearing that is managed by an experienced lawyer or judge and designed to try and get the parties to settle the UIM claim. Anything that’s said or done during the mediation is confidential. Nothing that happens can be discussed with the UIM arbitrator.

The mediation costs almost $2,000 per side and last about 4 hours. Your lawyer is handling your case on a contingency fee and has advanced this fee. The good news is that by the time you’re done, your experienced mediator was able to help convince your insurance company to pay its $250,000 policy limits. He’s skilled at what he does and knew exactly what buttons need to be pushed to get the deal done.

At the mediation you sign a release and you’re done. One to two weeks later your lawyer receives the settlement check and the agreed to portion of the proceeds are distributed to you.

Had your UIM claim not been resolved during mediation, you would have proceeded to binding arbitration. The costs of arbitration is easily 3-5 times greater than the mediation.

The arbitrator would have heard all the evidence and at the end of the hearing, rendered his ruling. If the amount awarded was for more than your $250,000 policy (most of the time the arbitrator is not made aware of what the policy limits are), the award is reduced after the fact and your insurance carrier is only required to pay the policy.

One of the benefits of pursuing a first party UM/UIM claim is that your insurance carrier has an affirmative obligation to handle your claim in good faith. If your carrier refuses to do this and you ultimately prevail at the arbitration, you can then turn around and sue your insurance carrier in civil court for bad faith (video) and punitive damages. You can also demand a jury trial and most insurance carriers know this.

Because of this additional exposure, many first party UM/UIM claims go relatively smoothly and are resolved at the higher end of the damages curve. It’s noted that in your earlier third party claim for $15,000 against the other driver, his insurance carrier was not required to treat you in good faith. Many consumers are unaware of this fact and because the insurance carriers for the other side do not face bad faith financial exposure, they have little if any incentive to properly evaluate and timely pay claims.

UM/UIM claims can be a bit tricky but with an experienced lawyer leading the way, they can be resolved short of binding arbitration.

Note- It’s a very good idea to carry UM/UIM coverage. Many drivers in California are uninsured or underinsured and for a slight increase in your auto policy premiums, you can substantially increase your protection. Ask your insurance agent to discuss these options with you. Contact your lawyer if you have any questions.

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Here’s an example of a first party bad faith case we resolved for $3,347,000.00

This is a recent $500,000 wrongful death UIM claim we resolved at mediation

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How to Protect Your Rights After a Natural Disaster

November 15, 2012 By

Here’s an excellent list of things disaster victims need to do to protect themselves. We strongly encourage all Hurricane Sandy victims to review this information.

We also ask that you carefully review the resources previously provided at the following link…

HURRICANE SANDY VICTIMS BEWARE- Remember How Insurance Companies Took Advantage of Hurricane Katrina Victims?

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HURRICANE SANDY VICTIMS BEWARE- Remember How Insurance Companies Took Advantage of Hurricane Katrina Victims?

November 13, 2012 By

Victims of Hurricane Sandy (and their lawyers) would be smart to learn how insurance companies took advantage and mistreated many of the victims of Hurricane Katrina

“If history repeats itself, and the unexpected always happens, how incapable must Man be of learning from experience. “ — George Bernard Shaw

Hurricane Sandy is estimated in early calculations to have caused damage of at least $20 billion. Preliminary estimates of losses that include business interruption surpass $50 billion. Tragically, at least 193 people were killed along the path of the storm and the lives of their families have forever been changed.

Victims of Hurricane Sandy (and their lawyers) would be smart to learn how insurance companies took advantage and mistreated many of the victims of Hurricane Katrina which hit the Gulf Coast back in 2005. Knowing what tactics big insurance will use to delay or deny should allow you to protect your rights and force insurance companies to honor their contracts.

 

If you recall, Hurricane Katrina swept across the Gulf Coast leaving historic levels of death and destruction in its wake. The storm caused an incredible $135 billion in damages, leaving thousands homeless, jobless and bereft of hope.

After this tragedy and while facing their darkest hours, many survivors found themselves victimized a second time. What happened is that insurance companies started offering pennies on the dollar, refused to honor many agreements, and claimed that the destruction had nothing to do with wind damage, which is covered under most policies, but was caused by floodwater, which is not.

 

Shockingly, during the two year period of time after the Hurricane Katrina disaster, insurance companies reaped more than $100 billion in profits.

While the facts of Hurricane Sandy are unique, many of the same issues that existed during Hurricane Katrina have come full circle and are back again. Every person and family who suffered a loss because of Hurricane Sandy should get and read these two ebooks provided by the American Association of Justice.

 

Simply click on both the above images to download and read right now. You can also get Pattern of Greed 2006 and Pattern of Greed 2007 here.
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Thomas Jefferson once said, “Information is the currency of democracy”. Become more informed and also make sure to download, “Tricks of the Trade: How Insurance Companies Deny, Delay, Confuse and Refuse”

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ALLIGATORS, CLAIMS ADJUSTERS AND MARSHMALLOWS- What Every Attorney and Client Need to Know!

August 30, 2012 By

I took this picture of an alligator while in the bayou south of New Orleans. Our airboat had just come to a stop and “Lisa” (our guide gave this little 8’ beauty a girls name for reasons that become apparent when you watch the short video) swam towards us through the muddy water and without a care in the world. Lisa was the largest of 5 other gators that circled our airboat. By the way she carried herself, you could tell who was in charge of this section of the bayou.

Orange County Personal Injury and Wrongful Death Lawyer and Attorney

When we threw chicken in to the water, Lisa and her friends would casually swim over, open their mouths and eventually swallow the floating chicken. But when a marshmallow was tossed towards the gators, the excitement substantially increased. That little bobbing white dot on the brown colored bayou water was something special and the gators knew it.

Our guide referred to our long-tailed guests as “crack gators” because once these swimming scales tasted a marshmallow, it was game over. As he so eloquently stated, “Once they taste a marshmallow, they’re on the payroll for life but that didn’t necessarily mean they always show up for work.” After watching the tossed marshmallows quickly disappear over the next couple of minutes, I knew the true facts were a bit different.

These gators loved marshmallows and as soon as they heard our airboat arrive and come to a stop at the far end of the bayou, it was game on! They were attracted by the sound of the large loud fan that propelled our boat through the bayou. They swam around our airboat and stayed for the special floating white treats. I have a sneaky suspicion that these same gators “performed” on cue twice a day.

So, what do alligators and marshmallows have to do with claims adjusters and insurance companies? Well, just like alligators, adjusters and insurance companies are what they are. It’s pretty simply to figure them out if you take a step back and look at the big picture.

When it comes to gators, if you’re not careful and fall in the water, you can lose your hand, arm or life. As for claims adjusters, if you jump in to an insurance claim unprepared, with the wrong game plan and with your eyes closed, chances are you’ll get eaten up by the adjuster and big insurance company.

It’s not good or bad. It just is what it is. Here’s what I mean…

Alligators are very primitive reptiles and when you enter the bayou you’re walking in to their territory. If you’re inexperienced or careless, there’s a good chance you’ll get hurt.

Truth be told, this doesn’t make the alligators bad reptiles. This is simply what evolution would have them do. They look and act a certain way because they’re alligators. Stay on the airboat, respect their space, and feed them marshmallows from a distance and you wont have any problems. Let your hand hang over the side of the airboat like our guide did (watch the video) and you may not have a hand at the end of the day.

These facts don’t make the gators evil predators. And they certainly don’t make the alligators creatures we should hate or even avoid. But, these known propensities do mean we need to handle alligators a certain way to avoid losing a finger, hand, or being eaten alive.

In a similar fashion, most insurance claims adjusters are just doing their job. Their job is to minimize how much money they pay out on any one particular claim. It’s also their job to maximize their company’s end of year corporate profits. Sometimes a claims adjuster will take it upon himself to improperly or even illegally handle a claim but for the most part, this is the exception and not the norm.

Now here’s the secret. If you know where the claims adjusters are and know when and how to feed them marshmallows, you’ll be able to appreciate them from a distance and co-exist with the species for many years to come.

Claims adjusters need information to analyze your claim. The more chicken and marshmallows… facts and details… you can share with an adjuster, the better he or she will be able to evaluate your client’s injuries and damages.

But here a big warning– you can’t make it too easy for the alligator or adjuster.

After all, if you sprinkle an entire bag of marshmallows across the top of the bayou, the alligators will get a bit board, eat what they see and get full, and then eventually swim away. You’ve made it too easy for the gators. The party’s over.

The same approach works for claims adjusters. You need to slowly feed them the marshmallows in your case. You need to toss them over to the claims adjuster in a way that keeps their attention and keeps them focused on maximizing the value of your claim.

Our guide was in control of the gators. He knew each of their names and knew exactly where to toss the marshmallows and how many to toss.

With claims adjusters, you need to keep things hot and heavy and keep them thinking about when they’ll get the next marshmallow. You need to make sure that for every marshmallow you toss their direction, you get something in return.

We knew after meeting “Lisa” and her friends, that if we hopped in the water, we’d be in their “house” and their rules would control. With claims adjusters, if you start asking “how high” every time they demand that you jump, you’ll be empowering them to dictate how and when your case is resolved. Remember, you don’t work for them. You work for your clients.

Staying on top of the airboat is your safety net when feeding alligators. Not being afraid to litigate and try your case in front of a jury is your safety net when handling a personal injury or wrongful death case. If your focus is litigating and trying the case, then you’ll have the proper attention of the claims adjuster and they’ll take you and your claim seriously. If you spend all your time jumping through hoops and trying to settle your case to avoid litigation and trial, the adjuster will smell blood. The outcome will not be pretty.

When dealing with alligators or claims adjusters, be smart and take control. Stay on the top side of the airboat and play by your rules and not theirs.

Every now and then toss them a shiny white marshmallow. They’ll appreciate your gesture, stay interested, and give you and your client the attention you deserve. Keep the adjuster’s interest by litigating your file and preparing for jury trial. Adjusters are not in control of what a jury may do so use this final marshmallow to get what your client is entitled to.

Use this approach when divvying up your marshmallows and by the time you get to the bottom of the bag, you’ll have all the alligators or claims adjusters in your life right where you want them :-)

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Client testimonials for Orange County California personal injury and wrongful death lawyers
Mitch and Lisa have been helping victims of personal injury and wrongful death for 27 years. Chances are, they can answer your questions and help you too! If you have a question about how to deal with alligators or claims adjusters, give them a call. They’re standing by with a bag full of marshmallows!

Several other related articles include…

“Why Trying to Handle Your Own Personal Injury Case Can Be Like Stepping In To a Cage With a Hungry Lion”

“How to Find, Interview and Hire a Good Lawyer” (recorded live interview)

“Be Careful When Dealing with Insurance Companies (video)”

“What Are The Biggest Mistakes Lawyers Make During Trial” (Spreecast with appellate specialist, Donna Bader)

“Our Top 10 Reasons Why You Shouldn’t Give a Sworn Statement to an Insurance Claims Adjuster”

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Be Careful When Dealing With Insurance Companies…

August 17, 2012 By

This simple tweet… “My Sister Paid Progressive Insurance to Defend Her Killer In Court” went viral and forced a big insurance company to pay a long overdue claim…

Consumers need to be very careful when dealing with insurance companies. Here are several prior blog posts you may want to review before talking to an insurance company representative…

Be Careful! The Ugly Truth Behind How Insurance Companies Settle Cases…

Our “Top 10″ Reasons Why You Shouldn’t Give a Sworn Statement to the Other Side’s Insurance Company

Is Your Insurance Company on This List? The Ten Worst Insurance Companies in America

RABBITS AND LIONS- Why most people need an EXPERIENCED lawyer when dealing with big insurance companies

DO AS I SAY, NOT AS I SUE: Exposing the Lawsuit-Happy Hypocrites of U.S. Chamber’s Institute for Legal Reform

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Our “Top 10″ Reasons Why You Shouldn’t Give a Sworn Statement to the Other Side’s Insurance Company

February 6, 2012 By

In 99 our of 100 cases, you should never give the other side’s insurance company, claims adjuster or private investigator, a sworn statement about the facts of your case and your injuries or damages. Here’s why…

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Our “Top 10 Reasons” Why You Should Not Give Your Sworn Statement to the Other Side’s Insurance Company

January 31, 2012 By

Insurance Company Bad Faith TacticsObviously each case is different and as in any profession, there are both good and bad claims adjusters and investigators. Having said that, we strongly suggest that you carefully review the following 10 reasons why you should not give the other side’s insurance company (claims adjuster or investigator) your sworn oral or written statement.

1.  They will try to use what you say against you. Look, if all they really want is your version of the facts, then they can easily get that from your lawyer.

2.  You’ll be giving your sworn statement to a trained professional. Her job is minimize the value of your claim. She knows what she’s doing. You don’t.

3.  Unless you’ve done 20-30 of these, you’re going to be nervous and make mistakes. These mistakes will be used against you later in your claim or during trial.

4.  To try and protect their insured’s interest, they will never let you take his statement. Why would you ever let them take yours?

5.  If you make a mistake during your statement (and you will), you may not even realize it or if you do, it’ll probably too late.

6.  Sometimes in life, it’s not what you say but how you say it. If something needs to be said, let a professional do the talking for you!

7.  If you give a statement, it sends a message to the claims adjuster that you or your lawyer don’t know what you’re doing.

8.  You don’t want to paint yourself into a corner. Facts can change and new witnesses can appear. How in the world can you share the past 6 months of surgery, rehabilitation, pain and suffering in a 20 minute interview? Answer- You can’t!

9.  The facts of your case can be easily shared in writing, by your lawyer, once you’ve fully recovered and have a full and complete understanding of all your injuries, losses and damages.

10.  Once the claims adjuster has all he wants from you, he’ll stop going out of his way to treat you in a professional or fair fashion. Keep this bargaining chip in your back pocket and you’ll be able to maximize the chances that your claim is handled in a civil and professional fashion.

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Join Us For Our Next FREE Wednesday Evening Webinar

November 30, 2011 By

 

Our FREE Wednesday Evening Webinar…

 

We became lawyers more than a quarter of a century ago because we like to help people. Nothing is more gratifying than making sure the important rights of personal injury and wrongful death victims are protected from wrongdoers and their insurance companies.

When people ask what we do, we tell them “We stop bad things from happening to good people.”

 

Here’s the problem we’ve observed over the past 25+ years…

Most personal injury victims and families experiencing a wrongful death are simply not aware how difficult it can be to legally recover compensation for the harm and devastating loss. They don’t realize that in most cases, victims and their families are forced to take on highly trained claims adjusters and defense attorneys hired by multibillion dollar insurance companies.

Victims and their families fail to appreciate the fact that trying to handle their own personal injury or wrongful death case without a lawyer is like putting a baby bunny rabbit into a cage with a hungry, full grown lion. The outcome is not only predictable but painful (especially if you’re the bunny)!

 

Insurance is a Big “Profit Oriented” Business

Insurance companies are in business to make money. Each year the major companies earn billions of dollars in profits and their claims adjusters earn huge end-of-year bonuses for minimizing what they pay out in claims and maximizing how much money they help the company executives put in their pockets.

Insurance claims adjusters are highly trained professionals. Their job is to do what’s best for their company, not what’s best for you. Now, in all fairness and as with any profession, you get the good with the bad. The tough part is that it’s difficult, if not impossible, for most people to tell the difference.

And that’s why we are making this FREE Wednesday evening Webinar available to all injured consumers (insurance defense attorneys and insurance claims adjusters are not invited).

 

Don’t Be Denied Justice

Too many victims simply don’t know how to protect their legal rights. Because of this, they are denied justice.

Well, it doesn’t have to be this way. In fact, with good information and the right lawyer, you can protect your rights and receive fair and reasonable compensation. As a matter of fact, in serious injury and life changing cases, selecting and being represented by the right lawyer may be one of the most important decisions you ever make.

The problem we’ve watched people make over and over is that too many people make the wrong decisions at the beginning of their cases that forever prevent them from obtaining justice. To make matters worse, most of these people never even know they did something wrong.

 

THE SOLUTION…

To help solve this problem, we decided to share everything we know with victims of personal injury and families who have experienced a tragic wrongful death. We’re talking about more than two decades of tips, tools and information. To do this, we believe the most effective way is via this free webinar.

You see, there are very good lawyers willing to help you with your case. The challenge for most people is that they simply don’t know how to find, interview and then hire these lawyers.

Until now!

During our free Wednesday evening webinar, we show good people exactly how to find, interview and eventually hire the perfect lawyer for them.

We explain 3 very good ways to find an experienced and top-rated personal injury or wrongful death lawyer in their town. We also reveal 9 important questions (together with detailed answers) that you need to ask EVERY single lawyer you interview. When it’s all said and done, the point of our webinar is to simply help protect your legal rights and show you how to MAXIMIZE the settlement or jury verdict in your case.

Twitter Tip: Use #JWLaw during the event to participate in our real time twitter feed.
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VERY IMPORTANT TIP! You only have one chance to settle your case or take it to trial. Once you sign the settlement documents or get a jury verdict, your case is over.

Because of this fact, we recommend that you listen to and watch our free webinar BEFORE you talk to a lawyer and BEFORE you talk to a representative of an insurance company.

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Is Your Insurance Company on This List?

November 3, 2011 By

According to the American Association for Justice, these 10 insurance companies have the worst track record for denying claims and causing unjust harm to consumers. Read this free report and decide for yourself…

 

 

 

 

 

 

 

Related blog post…

“How Insurance Companies Put Their Best Interest Before Your Own”

“The Ten Worst Insurance Companies”

Radio Interview- “How to Find, Interview and Find the Perfect Lawyer for You”

New eBook entitled, “The Truth About Your California Personal Injury and Wrongful Death Case”

Podcast: Play in new window | Download

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Protect Your Legal Rights. Get this FREE eBook Today…

November 2, 2011 By

Information is power. Being informed when dealing with insurance companies and lawyers is critically important to your success.

Read our brand new and free 90+ page ebook before talking to a lawyer and before talking to an insurance company.  Click here to download your FREE copy today!

 

 

 

 

 

 

Related links…

“The Ugly Truth About How Insurance Companies Settle Cases”

Rabbits and Lions

Who Can You Trust?

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The Ten Worst Insurance Companies in America

October 24, 2011 By

Book for Consumers- Bad Insurance CompaniesTo identify the worst insurance companies for consumers, researchers at the American Association for Justice (AAJ) undertook a comprehensive investigation of thousands of court documents, SEC and FBI records, state insurance department investigations and complaints, news accounts from across the country and the testimony and depositions of former insurance agents and adjusters.

Read this free special report and find out which insurance companies improperly raise premiums, deny claims, and refuse insurance to those who need it the most.

Download and read “The Ten Worst Insurance Companies in America”.  Find out why the insurance industry is in dire need of reform.

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We Hear and See These Stories Every Day…

April 8, 2011 By

Allstate insurance adjuster (could be any major insurance carrier) discussing a claim with a party injured by their grossly negligent insured.

First the adjuster denies there was any fault or liability by their insured. Next, delaying any offer to starve out the injured party. And finally when the injured party is so fed up they threaten to hire an attorney, defending the case to make it drag out longer so the insurance company’s invested premiums make more interest.

The whole time starving out the deserving and injured party. Real life look at the claims process through a magnifying and amplified perspective.

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New Testimonial from State Farm Agent…

March 26, 2011 By

State Farm Agent- Ted BowersoxMitch Jackson and I have been fellow Rotarians for many years. His credentials and integrity are of the highest standards one would desire. In fact, just the other day I had a personal injury liability case that needed a local attorney and I did not hesitate to refer Mitch for representation.

Feel free to contact me any time at mailto:ted@tedbowersox.com

Best regards,

Ted Bowersox/ State Farm Insurance Agent, 36 years
www.TedBowersox.com

[Note- Ted’s an excellent State Farm insurance agent and we feel the same way about Ted and his services. If you need insurance coverage, we highly recommend Ted and his team of experts!]

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What Makes Us Different…

January 8, 2011 By

Orange County personal injury and wrongful death lawyers and attorneysThis weekend I gave some thought to why we practice law and represent victims of personal injury and wrongful death.  I really tried to focus on exactly what makes our law firm different from some of the other firms in town.

Here are my thoughts…

“We empower our clients to fight for fairness, equity and justice.  Little children know what fairness is.  Big insurance companies don’t.  It’s our job to make sure these huge corporations treat our clients with fairness and human dignity.

Without exception we make sure they understand and appreciate our client’s injuries, damages and losses.  We won’t stop fighting until they do.

The clients we agree to help are honest and of the highest integrity.  A strong foundation of trust is built which leads to cooperation and solid results.  Consistent high settlements, awards, and jury verdicts are obtained for our clients because we work hard and never settle for second best when it comes to quality or excellence.

We know each and every one of our clients, no matter how badly injured or harmed, still has a tremendous amount of potential for growth.  Every valued member of our team shares patience, nurturance, and encouragement with every client they have an opportunity to help.

For the past 25 years, our clients have told us that we make a positive difference in their lives.  Give us a call and find out why.”

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Related Posts…

Recorded “Live” Interview- “How to Find, Interview, and Hire a Good Lawyer

Three Tips to Help YOU Find a Good Lawyer

Nine Question You Should Always Ask Every Lawyer You Interview in a Personal Injury or Wrongful Death Case

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Facebook page for Jackson and WilsonAnd one last thought…

If you haven’t already done so, please join our firm’s Facebook page.  Over the next several weeks and months, we’ll be sharing more “client centered” information about a “new and better” way of practicing law and helping people, just like you.  If you’re not part of our Facebook page, you may miss out on some very good info.  Take a minute, stop by, and become one of our Facebook fans!

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Auto Body Repair Consumer Bill of Rights

January 4, 2011 By

You’ve just been in an accident and your vehicle is damaged.  You need to get it repaired but are not sure what your rights are.

As a consumer in the State of California, you have specific rights that auto body shops and insurance companies may not take away from you.  Here’s information that we hope will help answer your auto repair questions.

In the State of California, a consumer is entitled to:

1.  Select the auto body repair shop to repair auto body damage covered by the insurance company.  The insurance company shall not require the repairs to be done at a specific auto body repair shop.  What this means is that you can take your damaged vehicle to the properly licensed auto body repair shop that you know or trust.

2.  An itemized written estimate for all auto body repairs.  And upon completion, a detailed invoice.  The estimate and invoice must include an itemized list of parts and labor along with the total price for the work performed.  The estimate and invoice must also identify all parts as new, used, aftermarket, reconditioned, or rebuilt.

3.  Be informed about coverage for towing and storage services.

4.  Be informed about the extent of coverage, if any, for a replacement rental vehicle while a damaged vehicle is being repaired.

5.  Be informed of where to report suspected fraud or other complaints and concerns about auto body repairs.

6.  Seek and obtain an independent repair estimate directly from a registered auto body repair shop for repair of a damaged vehicle, even when pursuing an insurance claim for repair of the vehicle.

Complaints within the jurisdiction of the Bureau of Automotive Repair (complaints concerning the repair of a vehicle by an auto body repair shop) should be directed to:

California Department of Consumer Affairs
Bureau of Automotive Repair
10240 Systems Parkway
Sacramento, CA  95827
Toll Free 866-799-3811
The Bureau of Automotive Repair can also accept complaints over its web site at www.autorepair.ca.gov

Complaints within the jurisdiction of the California Insurance Commissioner (any concerns regarding how an auto insurance claim is being handled) should be submitted to the California Department of Insurance at:

California Department of Insurance
Consumer Services Division
300 South Spring Street
Los Angeles, CA  90013
Toll Free 800-927-HELP or 213-897-8921
The California Department of Insurance can also accept complaints over its web site at www.insurance.ca.gov
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Legal feedback and questions answered by California lawyers

Please contact us with any questions.  We’re standing by to help!

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The Ugly Truth About How Insurance Companies Settle Claims…

December 2, 2010 By

Insurance companies are in business to make money.  Each year the major companies earn billions of dollars in profits and their claims adjusters earn huge end-of-year bonuses for minimizing what they pay out in claims and maximizing how much money they can make their shareholders and put into the pockets of company executives.

A fact that you need to know is that claims adjusters are highly trained professionals.  Their job is to do what’s best for their company, not what’s best for you.

httpv://www.youtube.com/watch?v=_MVm_paAWc8In this video, Mitch discusses his thoughts and opinions on the above and, why you need to be very careful when trying to resolve your personal injury or wrongful death case with an insurance company claims adjuster.

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RABBITS AND LIONS- Why most people need an EXPERIENCED lawyer when taking on big insurance companies

November 11, 2010 By

Orange County wrongful death automobile accident lawyerTrying to handle your own personal injury case without a lawyer is like putting a baby bunny rabbit into a cage with a hungry, full grown lion. The outcome is not only predictable but painful (especially if you’re the bunny)!

Insurance is Big Business

Insurance companies are in business to make money. Each year the major companies earn billions of dollars in profits and their claims adjusters earn huge end-of-year bonuses for minimizing what they pay out in claims and maximizing how much money they help the company executives put in their pockets.

A fact that you need to know is that claims adjusters are highly trained professionals. Their job is to do what’s best for their company, not what’s best for you.

As with any profession, you get the good with the bad. The tough part is that it’s difficult, if not impossible, for most people to tell the difference.

Insurance adjusters get training in personal injury and wrongful death casesClaims Adjusters Receive Hundreds of Hours of Education

The problem is that both the good and bad claims adjusters receive hundreds of hours of specialized education about how to handle the claims process. They are also taught how to “become your best friend” and how to minimize the amount of money they pay out to you on a claim.

The very worst claims adjusters pull out all the stops and dirty tricks to try and avoid paying any money on your case. They’re so good at manipulating the situation that most victims don’t realize that the smiling claims adjuster is stabbing them in the back with a sharp knife while using his other hand to give them their small and insignificant settlement check.

Experienced and cagey adjusters use their training to try and get you to settle cases early during a claim and for an amount substantially less than what you may be entitled to. They are instructed to try and get an injured person or his family to sign a written and binding full and final settlement release before all of your injuries are diagnosed, before you have fully recovered from all of your injures and, before all of your future medical treatment and bills are reasonably determined by your doctors and other specialist.

Insurance claims adjusters are highly trained to do whatever they can to get claims settled early and for pennies on the dollar before all of your damages have been determined. Unfortunately, we’ve had injury victims who never talked to a lawyer before settling their case call us. They’ve spent all of their settlement, and now need more money. They continue to have medical problems and now can’t afford the expensive care or treatment.

California wrongful death lawyers and insurance company settlementsBad Settlements by Good People

In some instances, clients told us they entered into what they thought was a good settlement only to find out later that their case was worth hundreds of thousands and even millions of dollars more. Frankly, for obvious reasons, these stories make us sick to our stomach.

We know that because of the low settlement, the client is now forced to live the rest of her life with a debilitating injury and has no funds to pay for her medical treatment. We also know that the insurance company did not negotiate at arm’s length with the injury victim and placed its own best financial interest before everyone else.

When this life-changing realization happens and the victim asks for our help, in most cases, there’s nothing that can be done to help because of the written settlement agreement.

You see, when you settle your case incorrectly and later find out later that you need more treatment or surgery, too bad. If you are later fired because you can’t do your job and because of this, loose earnings or worse, the ability to work at any job in the future, too bad. Unless these factors have been included in the settlement negotiations and supported by expert opinions and testimony, you’ve waived your right to this compensation forever!

Experience Counts When it Comes to Settling Your Personal Injury or Wrongful Death Case

The bottom line is that we’ve been helping victims of personal injury and wrongful death for almost 25 years. What we’ve seen during this period of time is victim after victim calling our office for help after they settled their case with the insurance company years earlier. Tragically, when this happens, there’s nothing we can do. It’s too late. The case is done.

What we can do and what we feel we need to do is stand up on top of our desk and SHOUT AS LOUD AS WE CAN that injury victims need to be careful and smart about protecting their rights. Victims need to get their questions answered and be made aware of their legal rights so they can make smart long-term decisions.

What we can do is make sure that if you or a loved one has been hurt and is in the process of bringing a claim for damages, you need to know that it’s OK to level the playing field and to make sure you fully understand the extent of your injury and what kind of treatment or surgery you will require. What we can do each and every day is work as hard as we can to protect all of the injured rabbits in the world from all of the hungry and mean spirited lions.

Insurance adjuster claims tricks personal injury casesSeveral Recommendations…

Look, our simple and straightforward recommendation is not to talk to any insurance representatives or investigators until you’ve found, interviewed and hired an experienced personal injury and wrongful death lawyer to help you with your case. Our recommendation is to not provide any oral or written statements to anyone. We also insist that you not sign any documents until you know your rights.

Our advice is to make sure that before you even think about settling a case, you fully understand the extent of your injuries and fully appreciate whether or not you are going to have any future long-term problems or medical needs. Information is power and when used correctly, it can help you avoid becoming the main course inside the cage.

So what’s the motto of this story? Well, if nothing else, it’s to make sure you understand how important it is to be well informed and surround yourself with legal experts. It’s to show you how to level the playing field with the billion dollar insurance companies and to make sure your legal rights are protected. It’s to make sure you know who the lions are in the world of personal injury and wrongful death.

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Related Posts…

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Nine Question You Should Always Ask Every Lawyer You Interview in a Personal Injury or Wrongful Death Case

 

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Mitch Jackson and Lisa Wilson are Orange County California personal injury and wrongful death lawyers- accidents, motorcycle accidents and large truck accidentsMore about Jackson & Wilson…

Since 1986, we’ve been helping personal injury and wrongful death victims put their lives back together. Both Lisa and Mitch have received the top “AV” rating for ability and ethics by Martindale-Hubbell and their firm is listed in the prestigious Bar Register of Preeminent Lawyers. They are also proud to be multiple time members of the Million Dollar Advocates Club with membership limited to only those lawyers who have achieved a settlement or verdict of $1,000,000 or more.

More information, case results, and testimonials can be found at www.Jackson-Wilson.com

Also feel free to call with your legal questions or needs: Toll Free 800-661-7044

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