August 24, 2008 by Zale.

So you believe that the person that hit you did it intentionally.  You think that that fact will help you win over a jury.  Well, maybe so, but that does not mean their insurance company will pay up.  That’s right.  Insurance policies are designed to pay for the NEGLIGENT actions of the policyholder, not the INTENTIONAL acts of the policyholder.

So, when you are talking to the adjuster and you think that telling the adjuster that their policyholder INTENTIONALLY injured you, don’t be surprised when you promptly receive a denial letter from them.

If you have any more questions about this topic, or a similar personal injury or insurance related topic, contact the Dowlen Law Firm, PLLC, serving all of Middle Tennessee.

Posted in Injury Law, Insurance Practices, Insurance Law | No Comments »

August 24, 2008 by Zale.

Well, that depends.  On a small, simple claim, it might be OK.  On a complex claim, you really should talk to an attorney.

Generally the injury adjuster is going to want to see all of your medical history.  Why? Their company wants them to find something, anything in some circumstances, to blame your injury on, other than the vehicle that negligently destroyed your vehicle and injured you.

The Dowlen Law Firm, PLLC in White House, Tennessee can help you to understand whether or not you need an attorney to assist you with your claim.

Posted in Injury Law, Insurance Practices, Insurance Law | No Comments »

August 24, 2008 by Zale.

Generally speaking, Med Pay is medical payments coverage that is found on your Automobile policy.  If you are injured in an accident, it can come in quite handy.  So, here’s some commonly asked questions regarding it.

Why should I use it instead of using the coverage of the person who hit me?  Well, the coverage of the person who hit you is NOT going to pay as you go to the doctor.  Your Med Pay will, up to its limit, and then it will get reimbursed when you settle with the other person’s coverage.  You probably don’t know how long you will be treating, so go ahead and get the bills paid.

Why does my health insurance coverage want to know if I have any Medical Pay coverage?  Well, normally Med Pay is the first coverage that is to be used when there is an automobile accident.  Chances are that your health insurance policy says that it is secondary to Med Pay coverage, and if you refuse to tell your health insurer about the coverage, they may be able to deny your claims until you comply.

Will using this coverage increase my insurance rates?  Generally speaking, it’s not supposed to.

Do I need an attorney to help me with my Med Pay claim?  Generally no.  Most insurers don’t mess around too much with this coverage.  But if you have filed a Med Pay claim that has been denied, then talking to an attorney is not a bad idea.

Do I have to fill out all these papers my Med Pay adjuster sent me?  Well, only if you want the claim paid.  They can require you to comply with the policy to get the claim paid.

If you have any other questions regarding Med Pay coverage or an injury claim, feel free to contact the Dowlen Law Firm, PLLC.  We are a law firm that covers all of Middle Tennessee.

Posted in Injury Law, Insurance Practices, Insurance Law | No Comments »

August 23, 2008 by Zale.

So often it seems like there is a disconnect between Conservative Christians and the Criminal Justice system.  I don’t know why.  Jesus died from capitol punishment, as did most, if not all, of the Apostles.

Saul, before he was renamed Paul, was a prosecutor, before he found Christ.  He was responsible for the conviction and subsequent death of many of Christ’s followers before becoming a Christ follower himself.  From that point, most of his writings were from jail.

Before becoming an attorney, I did not know much about the Criminal Justice system.  Now that I’m taking criminal cases, I’ve met quite a few people who find themselves the the title of “Defendant” or “Accused”.

Most of them are good people, who have made bad decisions, choices, or have simply found themselves in the wrong place at the wrong time.  Those that have to get court appointed attorneys, often don’t have anywhere else to turn.  It’s with these folks that I see an overlooked ministry on the part of the church.  I know that there are some ministries to inmates, but so often the Conservative Christian community forgets what Jesus had to say about ministering to those that have been less fortunate or have found themselves in a bad spot in life.

So does this make me a Liberal? No.  This is what it means to be a Christian.

Posted in Criminal Law | No Comments »

August 22, 2008 by Zale.

When I was a claims adjuster, I had many instances where attorneys would file suit and then not serve the summons because they only filed the suit to preserve the statute of limitations.   They delayed serving the suits on the defendants while they attempted to get the claim resolved.  Well, here’s a recent Tennessee Court of Appeals case where that really bit the attorney in the rear.

The Rule of Civil Procedure that controls this is 4.01(3) and it states:

If a plaintiff or counsel for plaintiff (including third-party plaintiffs) intentionally causes delay of prompt issuance of a summons or prompt service of a summons, filing of the complaint (or third-party complaint) is ineffective.

So the delay on the part of the attorney of serving the complaint on the defendant makes it as if the complaint was never filed.  Ouch!

Posted in Litigation, Injury Law, General Law | No Comments »

August 21, 2008 by Zale.

Unfortunately, when our “wonder drugs” fail people get hurt or even die.  Here’s a recent article you might want to check out if you or someone in your family is diabetic.  (Let’s see, that will probably affect all of us).

Posted in Injury Law | No Comments »

August 18, 2008 by Zale.

Here’s another recent Tennessee Supreme Court case that is worth noting.  The situation is that employer has someone working for them.  They have them sign a very simple release regarding on the job injuries.   However, it specifically stated “…if I am running business or personal errands…”. Well, there’s was the rub.  Since this person was injured while doing office work and not while running errands, the release did not apply.  I suspect that this release form was not written by an attorney.  Had this release been written by an attorney, the business owner would have stood a much better chance of escaping liability.

Posted in Injury Law, Business Law | No Comments »

August 15, 2008 by Zale.

Yes.  According to a recently released case, if you walk up on your seriously injured child after a car accident and witness them lying lifelessly on the ground bleeding profusely, you can.  This was actually an Underinsured Motorist case, so the claim was against the aggrieved mother’s own insurance policy.

I suspect that this case will now be settled, instead of going back to a jury.

Posted in Litigation, Injury Law, Insurance Practices, Insurance Law | No Comments »