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Search results for “personal injury”

20 results

Employee vs independent contractor: the liability dodge that usually fails

Vicarious liability means you can end up paying for someone else's misconduct, and the old "they weren't really my employee" escape hatch is a lot weaker than people think.

ARTICLE by Danny Correia

Joint and several liability: the old rule that can leave one defendant holding the whole bag

Joint and several liability means an injured person may collect the full judgment from one defendant, but the real fight is how that rule collides with comparative fault, settlements, bankruptcy, and state law changes.

ARTICLE by Keith Ouellette

bodily injury liability

Coverage that pays when you are legally responsible for hurting someone else. "Coverage" means part of an insurance policy, usually auto insurance, with a dollar limit. "Pays"...

personal injury protection

Not the same as liability insurance, which pays for someone else's injuries if you cause a crash. Personal injury protection - usually called PIP - is coverage under your own...

How does a government tort claim work after a long-delayed injury?

A recent policy shift has made this more visible: federal agencies have tightened online claim procedures under the Federal Tort Claims Act (FTCA), so more people first learn...

What counts as employer retaliation for filing a workers' compensation claim?

What the ER doctor records is your injury, work restrictions, and likely cause; what the workers' compensation insurer does with that information is decide compensability and...

what does the ADA say if an injury still limits me years later?

If the ER or your doctor said the injury left you with lasting limits, that medical reality can matter under the Americans with Disabilities Act (ADA) even if an employer or...

Why is an insurance company asking for money out of a settlement that is supposed to help pay for injuries? Subrogation is the right of an insurer, benefit plan, or government...

uninsured motorist coverage

Think of it like a spare life jacket on a boat: you hope you never need it, but it is there when someone else fails to bring basic safety gear. Uninsured motorist coverage is...

umbrella policy

An extra layer of liability insurance that kicks in after the limits on your auto, home, or other underlying policy have been used up. Think of it as backup coverage for a bad...

If my injury happened years ago, what is preponderance of the evidence?

The one thing your employer or landlord is hoping you never find out is that preponderance of the evidence is the lowest common standard of proof in civil law. It means your...

declarations page

One page can make or break how much money is available after a crash, fire, or other loss. If the numbers on it are wrong, too low, or missing a vehicle, driver, or address, an...

recorded statement

You may hear, "We just need to take your recorded statement," or see a claims letter asking you to call so an adjuster can "get your version of events on the record." Usually,...

The part that catches people off guard is that this number is usually the maximum an insurance company has to pay under a claim, not the amount your case is worth. If your...

Can employees report illegal conduct without being fired?

Yes. What the insurance company does not want you to know about this is that whistleblower protection laws can block retaliation when a worker reports certain illegal conduct,...

At-will employment: the "you can be fired anytime" rule has one giant catch

At-will employment is the default rule in almost every state, but it only really applies if you are legally an employee in the first place.

ARTICLE by James Thornton

Illegal search, real evidence: why police can lose a case even when they found the goods

Mapp v. Ohio made illegally seized evidence unusable in state criminal trials, forcing police to follow the Fourth Amendment instead of treating it like a suggestion.

ARTICLE by Kyle Reinhart

Not the same as being tired of dealing with your insurer, and not a denial of coverage by itself. PIP exhaustion means the benefits available under a Personal Injury Protection...

ADA coverage looks narrow on paper, but the disability loophole mostly failed

The ADA has a definition that once let employers and businesses argue lots of people were not "really" disabled, but Congress and the courts largely shut that down.

ARTICLE by Brian Saarinen

You just got a letter that says some of your ER bill may be covered by "MedPay," and nobody has explained whether that helps you or hurts your case. MedPay is short for medical...