Category Archives: Legal

3 Lessons Learned: Policies

What Is Insurance Bad Faith?

Insurance bad faith, which also goes by the term, insurance fraud, refers to the mistreatment of consumers and businesses by their insurance carriers. It is normally used in situations in which an insured person or entity is refused a settlement payout.

Insurance bad faith unfortunately occurs ever so often. A lot of insurance companies make use of statistics to know how much they need to pay out, depending on particular circumstances. Even if the policy entitles the insured person a certain amount of money, the insurer may refuse to pay it fully. That means the individual or entity can either accept the decision by the insurer or take the matter to court for bad faith.

Three of the most common scenarios involving insurance bad faith are:

> insurer denying an insured party all the benefits stated in the insurance policy;

> insurer providing less compensation than what is guaranteed by the policy; and

> unwarranted payment delays.

Every insurance contract comes with a “covenant of good faith and fair dealing,” which may be implied or directly stated. That means the two parties, the insurer and insured, have to comply with all the terms of their contract.

This contract dictates that the insurance company compensate the insured party fully and in timely fashion when it is appropriate, where failure to do so is tantamount to violating the good faith and fair dealing covenant. In some states, there are statutes or other regulations that govern bad faith by insurance firms.

When these companies exhibit bad faith, they can be subject to statutory damage, punitive damages and penalties imposed by the government. Bad faith claims are affected by different laws in different states, so anyone dealing with related issues with their insurers must talk to a lawyer.

Depending on the jurisdiction, an insurance company may have to pay different bad faith damages. The damages will be generally equivalent the actual compensatory damages the insurer, in a non-bad faith setting, would have paid out to the insured. In a number of states, punitive damages – damages intended as punishment for an insurer’s bad conduct – also apply. Some states put a limit on the amount of punitive damages that may be claimed, while in others, the sky is the limit. With insurance fraud or bad faith being complicated and thus confusing, anyone who may want to court because of such experience must seek a lawyer’s help.

This type of case is usually accepted by an attorney on a contingency basis. That means the attorney will not be receiving payment directly from the client – not even from the award of damages he receives – but rather from the money that the court will order the insurer to pay the lawyer in a separate judgment.

If you think your insurance provider has acted in bad faith on your policy claim, see an insurance lawyer who can outline the possible steps you can take against the company.

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Overwhelmed by the Complexity of Professionals? This May Help

When to Hire a Compensation Attorney

Compensation attorneys help workers get wage replacement and medical benefits for the injuries suffered in their workplaces. In some instances employers may refuse to compensate as required by law hence the need of such an attorney. In many instances however an employee may not find it easy hence the need for an attorney. The following look at some of the times you need to hire one.

Claim denial by the employer

Chances are that when you file for the injuries suffered the employer will deny the claim. Also in many situations one may fear to deal with the employer head-on for the fear of losing their job. In such a time the services of a compensation attorney becomes necessary if not mandatory. As the injured employee you need to act first and hire the attorney, lest your case becomes invalid under the statute of limitation laws.

Delayed benefits or getting less of what you deserve

At times your employer may take more time that necessary before paying you what you duly deserve as your compensation. It may even be less than what you rightfully deserve. If so don’t accept for the fear of falling out with your employer or losing your job, instead look for a compensation attorney to help speed up the process and ensure you get what’s rightfully yours.

When unfairly treated

There are times where the employer may decide to retaliate for suing them. Should you be in such a position, you definitely need the compensation attorney by your side. It shouldn’t however be so; the compensation attorney will investigate your dismissal circumstances and take action against the employer.

Filing a third party claim

In some instances the employer may not necessarily be at-fault but rather it was because of a third party. If so, the compensation attorney you hire can be able to help you file a claim against them and get additional compensation beside what you get from the employer.

When having a problem with the doctor treating you

In most states, there are employer -specific physicians who would treat the employee for the injuries suffered. The truth is that they will not always have your interest in mind but rather how fast you can return to work. A compensation attorney will work to ensure you get quality treatment services from a health provider that has your interests in mind.

What most people don’t know is that there is a time limit for filing for compensation lest it becomes invalid-this is due to the statute of limitation laws that may vary from state to state. It however doesn’t have to be so since the law will always be on the victim’s side, it only needs that you hire yourself a good compensation attorney.

Dan Pruitt Informs South Carolina Workers Of New Workers’ Compensation Coverage

FOR IMMEDIATE RELEASE

(Greenville, SC)—According to statistics reported by South Carolina’s Workers’ Compensation Commission, there were 62,977 accident cases filed in the 2014-2015 fiscal year. In cases with favorable outcomes, workers were paid nearly $875,000,000 for medical coverage and other expenses during that time period. Tens of thousands of workers are injured in the workplace each year, but unfortunately some people have been denied compensation because the nature of the injury was not covered under workers’ compensation laws.

It is with these people in mind that Dan Pruitt Injury Law Firm is releasing information for South Carolina workers informing them of new workers’ compensation coverage rulings. In two recent unanimous decisions, the South Carolina Supreme Court ruled that workers’ compensation insurance will now cover injuries sustained by falls in the workplace. The cases that led to these rulings involved workers who were denied compensation because there were no specific workplace hazards that directly caused the falls. While the lower courts upheld this denial, the Supreme Court ruled that the workers were eligible for coverage because the injuries occurred when they were performing job-related tasks.

Dan Pruitt, the attorney at the helm of Dan Pruitt Injury Law Firm, stated “Almost every worker in South Carolina is assumed to be covered by the State’s Workers’ Compensation Act. Unfortunately, getting compensation in the event of a workplace injury can be tricky, especially if an employer or their insurance company is trying to save money by avoiding a payout. When this happens, they’ll make any excuse for why the injury doesn’t warrant compensation. These new rulings have made it harder for them to do that.”

Pruitt goes on to say, “The South Carolina Supreme Court holds that it isn’t relevant whether an accident could have happened anywhere. What matters is that it occurred on the job. For workers, this broadens the range of injuries for which they can be compensated. No longer do the injuries have to be the direct result of a specific occupational hazard. These rulings extend the degree to which workers are protected and supports the reasons why we have workers’ compensation laws in the first place.”

“It is the duty of a workers compensation lawyer to ensure that they fight hard for the rights of every client who walks through their door. I am glad that these rulings will give our attorneys and clients even more leverage in the battle against unscrupulous insurers and employers who seek to deny coverage to those who are most in need of it.”

Learn More about how Dan Pruitt and his team can help injured workers get the compensation they deserve at

About Dan Pruitt Injury Law Firm:

Dan Pruitt Injury Law Firm is an auto accident lawyer, workers compensation, and nursing home abuse attorney in Greenville, South Carolina. If a victim been injured in a car accident, injured at work, or in a nursing home, they need an attorney that will fight for them. Dan Pruitt is that attorney.

Professionals: 10 Mistakes that Most People Make

On Getting the Best Personal Injury Lawyer

There are now so many lawyers that are available for us to hire. We can find them anywhere; in our local areas and in the Internet. If you are among those who need to hire a lawyer to represent them, you may find your self in a very difficult situation where you have no idea which among them you should select. You want to be as careful as you can because you certainly don’t want to get the person who would not be able to provide you with the results that you need. So how are you going to do it? What are the things that you have to do in order for you to secure the services of a good legal practitioner? Among the types of the lawyers that we have today is the personal injury attorney and they are focused on guiding those who have incurred personal injuries and are seeking legal decision. Here in this article, we are going to provide you with the most useful tips on how to hire one.

One thing that you need to consider first is where the case is being filed. There are some states that have different laws regarding such things and it is better that you get someone who is expert on it. This is one way of narrowing your search. The next thing that you need to do is decide how you are going to approach it. It would be very helpful if you approach the people you know for recommendations. It can also help if you ask those lawyers who are specializing on other specific fields. They might be able to give you a very important recommendation or insight. Another method for you is through the Internet. We are all aware of how useful it is in providing us with almost any kind of information that we need.

There are things that you must be able to find in a good attorney. At this point, you may now have a number of professionals that made it to your list. How can you separate the good ones from the rest? You need to pay attention to things such as experience and competence of the legal practitioner. These are the two things that should not be missing from a good attorney. Because of the many cases that they have handled before, those who are experienced know how to navigate through the complicated maze of the legal system. Through their competence, they would be able to provide you with the best results. You also have to make sure that you trust the professional because you will be working towards the common goal and the only way for you to cooperate fully is to put your complete trust in the person. If you need to know more about the personal injury lawyer that you are planning to hire, you should check out those reviews provided by those who have tried their services.

More information: The Beginners Guide To Professionals (Finding The Starting Point)

The Best Advice on Businesses I’ve found

Personal Injury Protection Claims After a Car Accident

Personal injury protection claims are used in states where no-fault law applies for car accident victims. Florida, Utah, New York, Michigan, and Hawaii are among the states that uphold the no-fault law. With no fault laws, the parties involved in an accident seek compensation from their insurance companies. This is irrespective of the party that caused the accident. For instance, if you are injured in an accident at the workplace, you will have to seek compensation from your insurance company rather than your employer.

In some no-fault states, there is a limit the benefits the insurance company can pay. In some states, there is no limit. The no fault rule applies in different types of cases, including car accidents, workplace accidents, product liability accidents among others. An experienced personal injury lawyer should be familiar with the laws that are applicable to your state.

Understanding How PIP Works
A PIP is a claim that you will make against your insurance company to demand compensation your medical expenses and lost income. In some states, a lawyer can file a claim with your insurance company and it can be paid out in full. However, in other states where there is a limit on the amount you can claim and the insurance company will pay the claim up to the limit. After this, you will be responsible for paying the rest of your expenses either on your own or through your health insurance.

Only in very few circumstances will your lawyer be permitted to file for compensation directly from the responsible party. For instance, if your medical injuries go past a certain threshold of seriousness and consequently raise the cost of your medical expenses considerably, your attorney may be able to pursue compensation from the other party.

What You Should Know When Working with an Insurance Company
When filing a PIP claim against your insurance company, there are certain requirements that your insurer may demand before paying your claim. For instance, your insurer may require that you give a recorded statement regarding the events leading up the accident. The insurance company may also bring its own medical professional to carry out an examination and determine the injuries you sustained. Another thing that may be required is the details of your losses.

Your personal injury lawyer will advise you on what to do with these requirements from the insurance company. To be compensated for your losses, you have to cooperated as much as possible with the insurance company. If you fail to comply with the demands, the insurance company is at liberty to terminate your personal injury protection benefits.

The above are the steps to filing a PIP claim.

Resource: news