UM and UIM Claims: How to maximize your client’s recovery

By     Published on Nov 24, 2011

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Not everyone will have UM (uninsured motorist) and UIM (under insured motorist) insurance. People who have it may not even understand it.

Even if your client doesn’t have it, the other driver may have it or the owner/owners of the vehicles may have it.

You will have to make a determination and begin the claim process by providing proof and writing various letters.

First you and your staff will need to understand the ins and outs of UM and UIM. It’s complex for the lay person and the lawyer.

Buy the PA personal injury forms resource book for examples of letters of which you will find no fault.

When to Mediate? When to Arbitrate?

By     Published on Nov 24, 2011

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Mediation involves using a neutral third party who may or may not be a legal professional to act as a guide. The mediator is a trained professional though who hears both sides privately but the goal is for both parties to work toward a beneficial resolution during face to face meetings.

Arbitration is more formal than mediation. An arbitrator is an active or retired judge who listens to both parties explains the position. Attorneys can also question witnesses from both parties. There is no negotiation between sides. And the arbitrator renders a legally binding decision which both parties must honor.

Both mediation and arbitration have their advantages and disadvantages.

The chapter on mediation provides the numerous letters and memos involved included but not limited to proposing arbitrators, the arbitration package, notice of appeal, and much more.

How to get medical bills paid in an auto accident

By     Published on Nov 24, 2011

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One of the reasons that plaintiffs hire a lawyer is to get their medical bills paid. In order to do that you and your staff will need to be cognizant about insurance policy and to write numerous letters to insurance companies.

Personal Injury Protection (PIP) is an extension of car insurance available in certain states like Pennsylvania that covers medical expenses and, in some cases, lost wages and other damages. PIP is sometimes referred to as “no-fault” coverage, because the statutes enacting it are generally known as no-fault laws, and PIP is designed to be paid without regard to “fault,” or more properly, legal liability. PIP is also called “no-fault” because, by definition, a claimant’s, or insured’s, insurance premium should not increase due to a PIP claim.

PIP is a mandatory coverage in some states. PIP coverage may vary from state to state in terms of both what is covered and what types of treatments are considered customary and reasonable.

Buy the book which is good insurance for writing the right letters that get results.

What are Attorney Feldman’s qualifications?

Liens – How to handle Medicare and DPW liens

By     Published on Nov 24, 2011

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Medicare and Department of Public Welfare Liens constitute layers and layers of bureaucratic red tape. The last thing you want is to make an error or not get what you need the first time.

The crucial chapter on Medicare and DPW liens demonstrates how to request the information necessary to proceed with your case and how to not get tied up in an interminable, chaotic mess.

Buy the resource book

About Attorney Feldman: What makes him qualified?

Accidents and Work and Special Considerations

By     Published on Nov 24, 2011

Handling a Pennsylvania workers compensation case requires special knowledge of PA workers compensation laws and ERISA, is a federal law applicable to most employee benefit plans, excluding state and federal employees and religious organizations.

ERISA stands for Employee Retirement Income Security Act of 1974. Because these plans are exempt from most state regulations, it is important to know and use the ERISA Claim Procedure Regulations and related protections in both treatment verification and appeals.

Buy the book to connect the dots for all requests related to PA workers comp cases

Proving Economic Damages

By     Published on Nov 24, 2011

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As you work through the necessary steps of your case, you will need to prove economic damages which are crucial and cannot be minimized or overlooked.

You will need to negotiate with an expert economist and request an expert report. Your expert report will need to cover loss of economic opportunity, loss of labor, loss of estate value, and loss of personal and social relationships. These losses will need to be documented.

Buy the book

Preparing a Dram Shop Case

By     Published on Nov 24, 2011

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Every state has different dram shop (liquor liability) laws. Your clients won’t even know what a dram shop is but they will know that a bar or restaurant or nightclub served too much alcohol to a driver who injured or killed their loved one.

Dram shop laws vary but most allow people to recover financial compensation when the venue that served the alcohol already knew, or should have known, that customers were beyond the legal limit, were unfit to drive, or should have been stopped from drinking. As the plaintiff’s lawyer you will need to establish dram shop liability through an extensive investigation and testimony.

Save time and money. Buy the resource book to get access to various dram shop letters, complaints, and memorandums.

Preparing a Premises Case

By     Published on Nov 24, 2011

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Premises liability describes the legal responsibility that a landowner and occupiers of a property have for injuries and accidents that occur on their property. Property can be office buildings, private and public sidewalks and walk ways, restaurants, hotels, cruise ships, parking lots and parking garages, malls, libraries, schools, etc.

Injuries may be the result of another person’s actions on the property and may still be the responsibility of a property owner, especially if the owner fails to provide adequate security on the property.

In order to determine premise liability on the part of the owner, several factors are taken in to account. One is the legal status of the visitor such as – is the visitor an invitee, social guest, licensee, or a trespasser? Another factor is to consider whether or not the owner of the premise/property has made reasonable effort to provide for the safety.

In this helpful chapter, there are examples of Pennsylvania premise liability complaints for defective sidewalks and slip and fall from snow and ice; plaintiff interrogatory for slip and fall, and demand letter for dog owner liability.

Buy the PA personal injury forms book with access to many common examples for complaints, letters, interrogatories, etc.

What is Attorney Feldman’s expertise about premise liability lawsuits?

Preparing a Construction Accident Case

By     Published on Nov 24, 2011

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Construction accident cases are remarkably complex involving numerous factors such as personal injury, workers compensation, occupational safety, insurance, construction (of course), and possibly criminal law. With the possibility of many nuances, finely tuned organized preparation is a key component.

–Writing a construction accident complaint is the most important initial step.

–Writing a powerful demand letter for your construction accident case is equally as important.

Follow the examples; buy the book; be informed.

Attorney Joel Feldman’s personal injury practice includes cases arising from dangerous products and construction site accidents, nursing home neglect, dangerous conditions on properties, automobile and truck accidents, medical and dental malpractice, and alcohol-related accidents.

Preparing an Auto Accident or Truck Accident Case

By     Published on Nov 24, 2011

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The client signed the agreement. Now’s it’s time to prepare your auto accident case or truck accident case.

You and your legal team must be highly adept in writing a convincing complaint…no assumptions allowed. You have to do your homework, your investigation has to move forward, details and evidence needs to be amassed and presented.

Sharpen your skills and start writing complaints for intersectional collision, rear end collision, tractor trailer accident complaint, and so forth.

How are you going to preserve evidence for your truck accident case?

Make no accidents: Buy the personal injury forms book

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