car accident

Do Not Delay Seeking Medical Help If You Are Injured in a Car Accident

While tens of thousands are killed in the US each year due to car accident injuries (last year, those numbers hovered around 40,000 deaths annually), there are millions of traffic incidents each year. And as the numbers of motorists continue to grow, so do car crashes, along with motorcycle accidents, and those involving pedestrians and bicyclists too. Nothing is worse than hearing that sickening thud or screeching wheels as your car is hit by another motorist—but the best outcome is that of a harmless fender bender. And although that is a common occurrence on the roads, far too often there are accidents resulting in concussions or traumatic brain injuries, neck and spinal injuries, broken bones, and more.

As drivers, most of us will experience several car accidents in our lifetimes. That isn’t something most of us like to think about much. Having a healthy amount of respect for the dangers of the road and driving defensively is vital though, especially as the numbers of distracted drivers seem to grow—even with so much public safety information out there today warning about the potential for catastrophe in texting and driving along with other activities such as talking on cell phones, fiddling with other electronics, eating, engaging with passengers, and more. Distracted drivers—along with drunken, reckless, and speeding motorists—are still responsible for far too many accidents and deaths.

In the unfortunate case that you are in a car accident, after pulling over (if that is possible), ascertain whether anyone in the car has injuries. While it may be obvious that you or one or more passengers require an ambulance, if there is any question at all seek medical attention as soon as possible. If you are suffering from an injury, but delay in having treatment, that could result in a big question mark for the insurer—and especially if you were hit due to the negligence of another motorist with the potential for a serious lawsuit or settlement.

Make sure to file the claim directly following the accident and your visit to the hospital or doctor, and consult with a skilled injury attorney who will be able to speak with insurance adjusters on your behalf.

If you need help reviewing your insurance policy, or if you suspect your insurance company may be denying your claim in bad faith, contact the attorneys at the Bolender Law Firm.  If a dispute over a claim cannot be easily resolved through a call or written communication, our attorneys will advocate on behalf of policyholders through litigation, arbitration, or non-binding mediation. Our attorneys are experienced in representing clients in state and federal courts, at both the trial and appellate level. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!

bad faith

Bad Faith: How Can It Be Proved in Claims Denial?

In some cases, buying insurance may be as easy as making a call, getting coverage, and paying up—only to put policy information in a drawer where it rarely comes up again. Depending on the type of insurance though, there could be other policies that involve a lot of consideration and effort on both your insurance agent’s part as well as yours; for instance, business insurance may be complex, or your home may in an area that needs extra coverage for wind or flooding or even earthquakes or landslides.

Bad Faith Practices May Be Marked by Ongoing Delays

From deciding what to buy, to parlaying cash for large premiums, and then going through a difficult claims process, you may have a sour taste in your mouth about insurance overall. You aren’t alone either as thousands of policyholders around the US have difficulty in getting claims paid for auto insurance, life insurance, general liability, and more. There is a difference though between going through what can be the normal hassle of getting paid and dealing with an insurance agency acting in bad faith. If you are concerned that the insurer has an agenda other than paying your claim expediently—and fairly—contact an experienced firm like the Bolender Law Firm as soon as possible.

Even if an insurer is acting in bad faith, the process may seem to start out normally with the adjuster asking questions (hopefully these are directed toward your attorney and not you), requesting reports, and working on a settlement. In some cases, the insurer may fail to even investigate the case at all—and as time drags on, that is a major red flag for any policyholder! If you are forced to sue an insurer for bad faith practices, it can usually be proved by pointing out that there was indeed a lack of any investigation or any care about the claim along with other practices such as offering a lowball settlement for a claim that is clearly worth much more, delaying a payout beyond the expected amount of time, or denying it altogether.

The Insurer May Hope You Will Give Up

Other bad faith practices put pressure on the policyholder, hoping they will just give up as they are forced to produce excessive amounts of paperwork. Policyholders may even be subjected to verbal abuse or threats in more extreme cases. Although again it is highly recommended that you have your attorney speak with the insurer, if you are in contact with customer service representatives, agents, or adjusters during a claims process that seems to be going south, save all documentation and take notes regarding dates, times, and content of all conversations.

Contact Us for Help Now!

If you need help reviewing your insurance policy, or if you suspect your insurance company may be denying your claim in bad faith, contact the attorneys at the Bolender Law Firm.  If a dispute over a claim cannot be easily resolved through a call or written communication, our attorneys will advocate on behalf of policyholders through litigation, arbitration, or non-binding mediation. Our attorneys are experienced in representing clients in state and federal courts, at both the trial and appellate level. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!

mediator

The Mediator is a Facilitator—Not a Judge

Mediation is a popular form of alternative dispute resolution (ADR) for parties engaged in a wide range of different lawsuits or issues. In some legal cases in California (and other states too), the courts may even require mediation as an intermediary measure. You may have experienced this previously during a divorce or other civil proceeding; however, most mediations are voluntary and that is often the secret behind their success.

Neutrality is Central to Mediation

And while there are many pros to outweigh the cons of mediation, neutrality on the part of the mediator is one of the biggest benefits. The mediator could indeed be an attorney or a retired legal professional (although they do not require a license and may even be specialized in other areas that are of help to your case) but in a mediation these professionals are required to maintain a completely neutral demeanor, working with you and the other parties involved to assist you in reaching an agreement.

Voluntary mediations are often quite successful for business owners who may have become involved in a dispute with another company or merchant, a vendor who provides continual supplies, full-time employees, independent contractors, and more. If you are involved in such a scenario, mediation may become an attractive alternative to litigation for many reasons. Most importantly, if this is a long-standing working relationship, mediation may be a way to resolve the problem and even allow you to continue working together later. At the very least, the adversarial quality may be removed from the process, allowing for a more frank and relaxed discussion of the issues at hand. The mediator is there to help you and other disputing parties take a closer look at the reasons for the disagreement, as well as keeping everyone focused.

The Mediator Does Not Decide the Case

If a stalemate seems to be occurring, the mediator will often have to come up with more creative ways to keep the mediation moving along. Their role is not to decide the case, but rather to make sure both sides understand all the details of the dispute, allow everyone to be heard, and examine all the available options. Once an agreement has been reached and the mediator drafts and has all the required documents signed, the process is considered binding—with all parties involved beholden to keeping up their end of the settlement.

Other benefits to mediation include greater affordability, speed in reaching resolution (this could be just a matter of hours, instead of days or weeks expended in the courtroom), and confidentiality.

Contact Us for Help Now!

The Bolender Law Firm will advocate on behalf of clients through litigation, arbitration, or non-binding mediation. Our attorneys are experienced in representing clients in state and federal courts, at both the trial and appellate level. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!

typical bad faith practices

Typical Bad Faith Practices & Why Insurers Use Them

When you buy an insurance policy, mutual promises are being made between you and the insurer. In exchange for payment of your monthly, quarterly, or annual premiums, you are given protection in the form of insurance coverage—whether that is for health, life, home, business, or more. And while some insurance may be required, other types are just recommended, and rightly so as coverage could mean the difference between saving your home or business or finding yourself in catastrophe both property-wise and financially too.

Insurance is not only important to our finances, but often our livelihoods too. Because of this, as consumers in the US we take it very seriously and expect to be backed up by our insurers when something goes wrong. Unfortunately, in some cases there may be loopholes in policies, errors, or general misunderstandings regarding coverage. To have a claim denied can be devastating in some circumstances, and this is even more frustrating if you believe the insurance company is acting in bad faith. You may have done due diligence in shopping for policies, assessing your needs, finding a good agent, and updating policies quarterly or annually depending on changes.

Why would an insurance company act in bad faith? While it is atrocious behavior that often leaves policyholders feeling like they have nowhere to turn, the reasoning behind their actions is usually as simple as greed. Insurers churn out billions of profits each year, and they don’t do so by giving out large discounts or giving anything away; in fact, most premiums are on the increase—both continually and substantially so.

Bad faith practices, whether emanating from agents, adjusters, or other customer service representatives, must be reported and the insurer must be held accountable for such unethical actions. Typical red flags alerting you to something awry with your claim include ongoing delays; in fact, you may be shocked to find that investigative measures have not even been taken at all regarding your claim. If an effort is made to settle your claim, the amount offered may be unreasonably low, and you may find discrepancies between what your policy states and what the adjuster says. You may be wrongfully accused of fraud, asked to bring forth unreasonable amounts of unnecessary amounts of documentation, or just denied altogether.

If you need help reviewing your insurance policy, or if you suspect your insurance company may be denying your claim in bad faith, contact the attorneys at the Bolender Law Firm.  If a dispute over a claim cannot be easily resolved through a call or written communication, our attorneys will advocate on behalf of policyholders through litigation, arbitration, or non-binding mediation. Our attorneys are experienced in representing clients in state and federal courts, at both the trial and appellate level. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!

Business partnership agreements

Business Partnership Agreements: Five Things to Include

You may be taking on a new business partner (or vice versa) in an existing company for numerous reasons, or upon founding a company, you and one or more individuals may be in it together, sharing all the stress—and the excitement–along with working on business partnership agreements. Going it alone in business can be difficult, forcing you to bear all the responsibility on your shoulders. And although that means not having to divide up as much financially if the company begins to thrive, there are so many benefits to having one or more partners. Finding capital to open the doors—and keep them open—is one of the greatest challenges in business ownership. But even more importantly, you and your business partner may have dreamt up your business model together, and there may have never been any question about working together in the future.

No matter who your business partner is though, a contract is necessary. Even if you have a solid plan and a verbal agreement in place, consult with experienced attorneys from The Bolender Law Firm for assistance in drafting a comprehensive written agreement so that all partners know what to expect from beginning to end. Here are five major details not to overlook:

  • Job titles – whether you decide to use conventional titles such as CEO or not, designate titles for each partner working within the company.
  • Delegation of responsibilities – while this may be something that changes from time to time, outlining work duties in the contract can prevent serious misunderstandings later, as well as warding off resentments from growing—assuming the details of the contract are being followed.
  • Pay and profit distributions – finances are one of the main issues that can land partners in court against one another, so this is another section of your partnership agreement which must be carefully thought out and prepared. Along with consulting your attorney, you may want to speak with an experienced accountant too.
  • Exit strategies – although this may seem awkward to discuss at first, it is a routine subject for many agreements, and knowing that a plan is in place can offer great peace of mind to everyone. Discuss what should happen to business shares in the company should a partner decide to leave. Also, decide ahead of time how to handle any partner’s shares should they die or become debilitated due to an illness or major accident. Even divorce should be discussed as there is the potential for a spouse to fight for a portion of business profits as they relate to personal assets.
  • Dispute resolution – this can be easy to overlook when everyone is getting along, but a dispute resolution clause allows you and your partners to decide ahead of time how to handle any potential legal issues. You can outline how a major disagreement is to be handled and where, whether through litigation or alternative methods such as mediation or arbitration, as well as deciding how any potential attorney’s fees would be paid.

If you are involved in a serious disagreement with partners or another business dispute, contact The Bolender Law Firm. Our attorneys are experienced in representing clients in state and federal courts, at both the trial and appellate level. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!

claims adjusters

Claims Adjusters: What Are Their Roles?

For many policyholders, the insurance policy remains an intangible purchase—and one that is paid for but never really used except for offering the peace of mind that financial protection is in place and any state or governmental requirements are met—whether in terms of necessary coverage like worker’s compensation or perhaps car insurance. For others though, there may be numerous, valid insurance claims filed over a lifetime, from commercial insurance needs to personal ones regarding health or life insurance, homeowners, or more. If you had to file a claim in the past or are filing one now, you may be meeting a claims adjuster for the first time in your life. They will basically follow a claim from beginning to end.

The adjuster is responsible for investigating the claim initially—and if you have been in an accident due to the negligence of others, you may hear from them much more quickly than expected as they hope to open and close the case quickly—and often, before you get an attorney. The adjuster begins by collecting the facts from all parties involved, as well as examining the damage. They may need to conduct numerous interviews, including with any witnesses. The investigation should be thorough (this is really the most important part of their job) and means examining damages, reports, and statements on all sides. Afterward, the adjuster comes up with a settlement amount presented by the insurance company.

While in most cases any claims adjuster is all business and is not your friend (no matter how congenial they may be), they are someone to be watched very closely, and all communications should be handled with care; in fact, if you are involved in a case where the other party’s insurer should be paying a claim to you, the situation could become quite adversarial. Without expert legal help, your case could be significantly jeopardized, so consult with a skilled attorney as soon as possible for help—and then refer any claims adjusters to them. In most cases, the adjuster is acting in the interest of the insurer, and they are well-schooled in how to save money for their employers. They may even receive extra compensation or bonuses for doing so.

Are you concerned about a recent claim, or are you trying to understand your insurance policy? If a dispute over a claim cannot be easily resolved through a call or written communication, the Bolender Law Firm will advocate on behalf of policyholders through litigation, arbitration, or non-binding mediation. Our attorneys are experienced in representing clients in state and federal courts, at both the trial and appellate level. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!

car wrecks

Car Wrecks: Make Sure You Have a Copy of the Accident Report

While some motorists travel as if on autopilot, commuting and running daily errands, many of us proceed with extreme caution every time we head onto the roads. With statistics showing that traffic accidents just continue to rise, everyone should be worried today whether they are traveling by car, on two wheels, or on foot. This means practicing more diligence and defensive driving than ever, along with knowing what to do if you are in an accident.

Most of us would rather think about a million other things than what to do or how to prepare for the aftermath of a car wreck; unfortunately, most drivers will be involved in at least one traffic accident in their lives. For some, a car crash means debilitating and life-changing injuries—for others it can still mean substantial property damage and trauma, even if it is just emotional. Depending on the severity of the accident, there may be grounds for a lawsuit or your injury attorney may be involved in settlement talks with the insurance company. What you do right after the accident could have a major bearing on your case though, so take time now to be prepared for such an occurrence later.

Making sure there is an accident report is the first course of action. This happens after you call the police. If you were in a wreck due to the negligence of others, they may not want to call the police, or it may seem like no one is hurt. In some cases, the at-fault party may just want to offer you their personal information or even just cash in exchange for everyone leave the scene without calling local law enforcement. Unless you have been in an extremely minimal fender bender, such behavior is almost always unacceptable. An accident report should be completed, and it is vital that you have a copy to pass on to your attorney, as well as the insurance company later.

If anyone is injured on the scene, an ambulance should be called immediately. If you have any question at all that you or a passenger (or if someone seems injured and unconscious or groggy in the other car) is hurt, it is still recommended that you act immediately. Keep in mind also that waiting to be treated may look questionable later if you are involved in a lawsuit regarding the accident. Contact information and insurance information should be traded as soon as possible after the accident, and if you have access to a camera, photograph both cars, license plates, and the entire traffic scene—to include road signs, traffic signs and lights, and any other pertinent information. Contact information should be requested from witnesses too.

If you need help reviewing your insurance policy, or if you suspect your insurance company may be denying your claim in bad faith, contact the attorneys at the Bolender Law Firm.  If a dispute over a claim cannot be easily resolved through a call or written communication, our attorneys will advocate on behalf of policyholders through litigation, arbitration, or non-binding mediation. Our attorneys are experienced in representing clients in state and federal courts, at both the trial and appellate level. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!

claims

Claims: How Much Documentation Will the Insurer Require from Me?

Even in a world that is becoming increasingly wireless—and paperless—there is still plenty of paperwork and documentation required for different services, whether you are operating on the business or personal level. From beginning to end, insurance is about the paperwork; in fact, that’s really all you will have to show for your expenditure as you walk away with a policy in hand, and the cost could be quite substantial for something that is virtually non-tangible.

Read Your Policy & Know What to Expect

Whether you are purchasing car insurance, life insurance, or a variety of different types of business insurance, documentation is required in the beginning and there may continue to be different requests and requirements. When it comes to a claim though, the insurer may ask for a surprising amount of information. This could be even further exaggerated if the insurer has another agenda, whether they are trying to rule out fraud or are practicing in bad faith and hoping to inconvenience you to the point of dropping a case.

A car accident case is usually a good example. If you were injured due to the negligence of another party, don’t be surprised to begin hearing from the other motorist’s insured almost immediately. You may have barely made it out of the doctor’s office or emergency room and into the garage before your phone starts ringing. If you are suddenly dealing with a physical challenge due to injury—and one that could be quite serious and even long-term—it may be extremely difficult to deal with the number of questions an adjuster wants to ask. They may also be trying to trip you up as you discuss the facts and then hope to pin some of the blame for the accident on you. Because of this it is in your best interest (and that of any potential legal case) to refer all insurance calls to your car accident or injury attorney.

Be Suspicious if the Insurer Asks for Inordinate Amounts of Paperwork

In an example like a car accident claim, you can expect requests for paperwork such as a copy of your license and insurance coverage, the accident report filed by local law enforcement, and any medical records. An experienced attorney will be well-apprised of the usual documentation required, and at alert if the insurance company seems to be trying to intimidate you into dropping the case or deny the claim altogether. For other types of insurance—and especially those with large settlement amounts at stake, the insurer may begin reaching far outside the realm of normal paperwork, asking for tax returns and other financial records as they build a case to show fraud or another problem that could feasibly cause the case to be dismissed or allow them to deny quickly.

The amount of information that can be requested is sometimes not clear, and you may have trouble finding that specifically outlined anywhere. If you suspect bad faith practices, call the Bolender Law Firm as soon as possible for help. Other red flags to watch for are lack of an investigation into the case, constant delays that don’t seem to have any rationale behind them, as well as an outright lowball offer.

Contact Us for Help!

If you need help reviewing your insurance policy, or if you suspect your insurance company may be denying your claim in bad faith, contact the attorneys at the Bolender Law Firm.  If a dispute over a claim cannot be easily resolved through a call or written communication, our attorneys will advocate on behalf of policyholders through litigation, arbitration, or non-binding mediation. Our attorneys are experienced in representing clients in state and federal courts, at both the trial and appellate level. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!

Your Intellectual Property Needs

Intellectual Property Needs: Is a Copyright License Enough?

While some businesses take off from the very start and allow their owners enormous—and startling—success, for the average entrepreneur there are many challenges initially. It may take quite some time to get a new company off the ground, and then the challenges in maintaining enough capital can be staggering. Inventory must be purchased, employees must be paid, along with all the essential bills that come with running an office like rent, utilities, supplies, and so much more.

Along with the long list of routine duties that must be continually completed, you must please your public too, no matter what type of industry you are catering to. For most business owners, that means creating unique products and services that set them apart, and if you cannot, your prospects for the future may be slim. This is why protecting everything you have built is so important too—from having your business properly insured and updated to making sure information about your specific innovations is not leaked, and trade secrets don’t walk out the door.

Intellectual property law may seem intimidating, but with the help of a skilled law firm like the Bolender Law Firm, you can look forward to guidance in registering your unique concepts, artistic work, slogans, services, inventions, and more—along with ensuring that you have legal recourse should another party infringe. You may be familiar with the term copyright, but unsure as to exactly what that encompasses.

In applying for a copyright, you may be hoping to protect information on your website, or protect written or other artistic works like music, screenplays, text (a cookbook would be a good example), architecture, or software. In some cases, the copyright may not be expansive enough for your needs in terms of protecting your individual or company’s work from infringement; for instance, you may be interested in copyrighting a computer program that you wrote, but a patent may be required to protect it further from infringement by others as you are able to protect the system and its processes—in other words, it may be in your best interest to go a step further in applying for a patent to protect the way your software or other creation works.

For more on different types of intellectual property, check out some of our previous blogs discussing issues such as trademarks and service marks too. The Bolender Law Firm can assist you in all intellectual property matters. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!

Registering intellectual property

Registering Intellectual Property: Work With Your Attorney

In starting a new business, there is so much to consider—beginning with the actual structure of your company. Are you forming a traditional corporation, a partnership, or perhaps an LLC with yourself as the sole proprietor? Beyond that, what about your business model? What are you offering to the public and who will you hire to help you on your mission? Are there partners to set up agreements with, along with full-time employees and independent contractors?

From the initial paperwork as you set up your company, to contracts with vendors, a wide range of individuals who may work for you in numerous different capacities, and so much more, there is an overwhelming amount of time and effort that goes into both the creation of and the protection of your new or existing company. And that is something that you must fit in along with daily operations that from the outset can require exceedingly long hours—not to mention the never-ending concerns about capital that may be diminishing and cash flow that must continue to keep the doors open. Required insurance (along with other recommended policies) must be purchased, and you also need to protect yourself in the case of customers being injured on site or employees being hurt on the job.

But what about protecting the very essence of what makes your company so special? From your products and services to inventions and innovative concepts, consider the intellectual property your company possesses today. Although trademarks, service marks, copyrights, and other types of intellectual property are yours as soon as you create it or begin using slogans and logos, that doesn’t mean they could not be easily stolen and used by others!

Consult with an experienced intellectual property attorney to register through the following agencies, giving you true proof of ownership:

  • S. Copyright Office – work with your attorney to find out more about how you should send copies of your work to this agency, as well as filling out the required application for approval. You may be able to apply online, unless hard copies are required. Copyrights usually protect artistic expressions of work such as books, screenplays, music, art, and more from infringement. Once you have a copyright for your work (and keep in mind, you can also register a collection of multiple works at once), the registration lasts while you are alive, plus another 70 years after that.
  • United States Patent and Trademark Office – here, your attorney will help you apply for the proper licenses for patents, which are good for around 20 years, unless you have a design patent, which is usually good for 14 years. Trademarks (or service marks which are a subcategory of the trademark, allowing for an explanation of what a company does rather than what products it offers) are also applied for through the USPTO, allowing you protect goods and services.

Speak with your attorney about business contracts or partnerships contracts that may involve intellectual property; for instance, how is this divided in the case of one partner (or an independent contractor) leaving—or what if you sell the business altogether? This can get tricky legally, but a skilled intellectual property attorney can discuss your options with you and make sure it is all put in writing.

The Bolender Law Firm can assist you in all intellectual property matters. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!