Why You Should Be Cautious With Insurance Adjusters

Insurance adjusters have a job to do, of course. Their job is to minimize claims costs for their employers so that the insurance company can maximize profits and continue to stay in business. There’s nothing wrong with this goal, of course—but it means that they might try to take advantage of you during your personal injury case.

In general, insurance adjusters are in a position of power when it comes to personal injury cases. You have just been through a traumatic experience, and you might not be thinking clearly about the best way to handle your claim. While this can make you vulnerable, there are certain things that an insurance adjuster might do during the course of your case to take advantage of you.

If you have a claim, the following are four warning signs that it might be time to rethink your insurance adjuster:

1. They Try To Make You Sign A Confidentiality Agreement

It’s not normal for an insurance adjuster to ask you to sign a confidentiality agreement before beginning negotiations on your personal injury case. This is an attempt to keep you quiet about what is happening with your claim, and it usually means that they want to minimize the amount of their final offer because they don’t think that you will be able to prove much.

2. They Try To Limit Your Access To Your Own Medical Records

An insurance adjuster might also ask for access to your medical records, which you might be tempted to give them. However, this is not something that they are normally entitled to in a personal injury case. Only your lawyer should have access to those documents, and you need to make sure that the adjuster doesn’t talk with your providers or try to influence what they tell him about your claim.

3. They Make Unreasonable Settlement Offers

It is normal for an insurance adjuster to ask for a settlement on a case without knowing what proof you have of damages or injuries. Sometimes they might even try to settle the case for less than you are asking, which might be tempting if you are in a financial bind. However, insurance adjusters don’t often write checks to personal injury claimants, and they might use the offer as leverage against your future settlement.

4. They Try To Cut Your Legal Representation Out Of The Process

If you have an attorney representing you in a personal injury case, you usually have the right to communicate with them about your claim. However, an insurance adjuster might try to cut out your attorney and negotiate directly with you instead. They might even tell you that it is against the rules for you to speak with your lawyer—this isn’t true. If an insurance agent tries this, it’s because they want to gain the upper hand in settlement negotiations.

If you feel like your insurance adjuster is trying to take advantage of you during the course of your personal injury claim, get in touch with a lawyer ASAP. Your attorney will be able to help you avoid any legal mistakes and maximize your compensation from the case.

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What You Should Know About Medical Malpractice Damages

You cannot sue the medical professional unless you can prove that he or she was negligent. Negligence is a legal term for a failure to follow normal standards of reasonable care in providing treatment, diagnosis, and preventive services to patients. When negligence occurs due to an error in judgment, which causes unnecessary injury or wrongful death, it is considered professional malpractice.

The damages that a person can recover in a medical malpractice lawsuit vary from state to state, but they often include compensation for past and future medical expenses, lost wages, pain, and suffering, emotional distress, or loss of companionship (for wrongful death). Punitive or exemplary damages may be available if the doctor’s negligence was due to recklessness or willful disregard for the patient’s well-being, although those damages are more difficult to prove in medical malpractice cases as opposed to other types of personal injury suits.

The following information is intended only as a brief overview of how most states handle medical malpractice claims and compensation. It is prudent that you consult with an experienced attorney in your area as medical malpractice laws in your state may differ from the processes and procedures outlined.

Wrongdoing by a Medical Professional

Medical professionals are bound by certain codes of ethics, which guide their decisions, treatment, and actions when they treat patients. When these standards are not met, it can be seen as professional negligence or misconduct. An experienced attorney can help you establish that a medical professional’s negligence occurred, and the resulting damages in your case.

Establishing Medical Negligence

The components of malpractice or medical negligence vary from state to state, but all involve the following factors:

A duty owed by the doctor or hospital

In order to win a medical malpractice claim, you must prove that a doctor or medical professional owed your family member a duty of care. This obligation can be determined by looking at the doctor-patient relationship as it existed between the parties leading up to the injury or death in question.

The standard of care that was breached

The “standard of care” is an objective test based on the hypothetical actions of a reasonable doctor or medical professional. In other words, your attorney will try to determine what other doctors in my area would do if they were treating someone injured as you believe your family member was.

A breach of that standard by the defendant

You must also show that the accused acted below this accepted standard, thereby breaching his or her duty of care to your family member. This element is commonly known as the “breach”, which means that the doctor’s actions fell below what would be expected in similar circumstances.

A cause of action

Finally, you must show that the defendant’s alleged failures were actually responsible for causing your loved one’s injury or death.

It is not enough to show that the doctor’s negligence caused some harm or injury. It must be proven that the medical professional’s actions led directly to your family member’s injuries.

Compensation for Medical Malpractice Damages

If you have decided to pursue a medical malpractice claim in court, you will need to prove damages resulting from the negligence of the medical experts.…

Surgical Malpractice Seattle WA

Surgical malpractice may be among the absolute most difficult of cases to prove. Most surgeries have known risks or complications described in the medical literature, and the defense usually argues these problems can occur even yet in the absence of negligence. Surgical consent forms will often have a litany of surgical problems that may occur, including damage to nerves or vessels, bleeding, and even death. That will not mean complications cannot be a result of negligence, nonetheless, it reflects why these are well-known risks.

When it could be shown that a specific bad outcome usually occurs only if you find negligence, it is called a “res ipsa loquitur” case (Latin for “the thing speaks for itself”). The clearest examples are when surgical instruments or sponges are left within the body after surgery. Several well-documented injuries, such as for example cutting the normal bile duct during gallbladder surgery and lacerating the median nerve during carpal tunnel surgery, are generally regarded as negligent by definition.

Contact Us:

CMG Law – Medical Malpractice Attorneys
115 NE 100th Street Suite 220 Seattle WA 98125
206-443-8600
Check Our Location: https://www.google.com/maps?cid=1384312286412117137

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