An electronic cigarette or vape battery can be poorly constructed and more prone to failure, or be designed in a way that makes failure highly likely under certain circumstances. Most electronic cigarette batteries are lithium-ion (Li-On) batteries, which will catch fire or explode if improperly used. Batteries with internal failures can fail regardless of whether […]Read More
According to the NHTSA [https://crashstats.nhtsa.dot.gov] the number of bicycle accidents has gone down overall, there are still almost 800 fatal bike accidents in the United States each year. However, the same source estimates that an average of 15 bicyclists are killed each week by traffic collisions with motor vehicles. Many vehicle drivers don’t realize that cyclists […]Read More
Recently I have seen numerous websites that offer the ability to estimate the value of a client’s personal injury claim during the first consultation with limited information concerning treatment value or the full extent of the injuries sustained. I have long been aware that some of my colleagues offer to be able to do the […]Read More
Personal bias should not play a role in compensating an injured motorcyclist. Many people distrust — or even dislike — motorcyclists, and members of the jury are not immune from prejudice. Juries may be less likely to award handsome verdicts to motorcyclists – compared to the driver or passenger of a car. Insurance adjusters are […]Read More
Following a Car Crash, Does a Hospital Have to Bill to Your Private Health Insurance, or Can They Just Come After Your Settlement Proceeds?
In Morgan v. Saint Luke’s Hospital of Kansas City, 403 S.W. 3d 115 (June 28, 2013), the Missouri Court of Appeals held that St. Luke’s was not entitled as a matter of law under Section 430.230 [the Missouri Lien Statute] to assert a lien on the patient’s claim against a third party tortfeasor where the patient’s […]Read More
The Missouri Supreme Court has allowed the recovery of damages in a car crash under uninsured motorist (UM) policies for emotional distress in cases even in which the insured has sustained no physical injury. The Supreme Court’s decision can be interpreted to allow coverage for only mental injuries. DeRousse v. State Farm Mut. Auto. Ins. […]Read More
Denying a patient health records does not appear to be a cause of action. However, courts in several jurisdictions have ordered covered entities to disclose a patient’s personal health information to the patient. Regardless, courts often adhere to the HIPAA regulations and will not order the production of medical records. The case law below examines […]Read More
Buying minimal coverage in order to reduce your car insurance rates is short-sighted. Having adequate insurance is especially important for affluent drivers: “The more assets you have, the more likely you are to be sued,” he says. He recommends that motorists go a step further and buy umbrella insurance policies that provide supplemental coverage when their standard homeowner and […]Read More
After a Car Crash, when a lawyer is deciding whether or not to file a lawsuit on behalf of his client against an at-fault driver, s/he looks at how likely the injured party is to be compensated. Drivers with few personal assets often are not pursued into court. “If you have no assets or savings, […]Read More
What Happens if the Value of your Medical Care Following a Car Accident is Greater than the available Insurance?
“(An) …insurance company must in good faith view the situation as it would if there were no policy limit applicable to the claim.” 67 Harv.L.Rev. at 1148. “The fairest method of balancing the interests is for the insurer to treat the claim as if it were alone liable for the entire amount.” Brown v. United […]Read More