Philadelphia Personal Injury Lawyer Blog

USAA held a settlement conference day today. I participated in the conference on behalf of three clients of MMK. The clients were all injured in automobile accidents. The conference was a success. We were able to settle all three cases. This is a win-win situation for all involved. The clients received very fair settlements and will get their settlement monies in the near future. USAA wiped three cases off of their inventory and will avoid further litigation costs and attorneys fees.

I wish more insurance companies would voluntarily hold these conferences. In most cases, experienced attorneys and insurance adjusters can agree to the value of a case. It sometimes takes a face to face meeting where the parties can compromise their positions and come to fair agreements. These conferences would avoid additional delay and unnecessary litigation costs. Unfortunately, all to often, cases are not settled until the "courthouse steps". This results in unnecessary costs and delay for both sides.

I applaud USAA for their willingness to settle cases in this fashion.

Posted by Michael Mednick | Permalink | Email This Post

Posted In: Auto Accidents , Insurance Claims

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A jury's bad faith verdict against Allstate Insurance Company in the amount of $5.8 million in compensatory damages and $10.5 million in punitive damages has been upheld by a Missouri appeals court.

Allstate Insurance Company says "You're In Good Hands..." but are you? This case stemmed from an accident in 2000 where Edward and Virginia Johnson sustained injuries and medical bills of more than $300,000 at the hands of Wayne Davis, Jr. a drunk driver who hit them head-on.

The Johnson's lawyer sent a letter to Allstate Insurance Company demanding the tendering of Mr. Davis' policy limits of $50,000. Allstate failed to agree to pay the policy limits forcing The Johnson's to file a lawsuit.

Shortly before trial, an Allstate employee sent to Mr. Davis a letter for the first time explaining that he could be personally liable for any judgment that exceeded the policy limits. Johnson's attorney then subsequently worked out a settlement with Mr. Davis whereby Davis admitted that he was drunk and he consented to $2.5 million in damages and $1.5 million in punitive damages.

The agreement, however, was that the Johnsons would refrain from going after Mr. Davis personally for the consented judgment but instead would sue Allstate jointly with Davis and for compensatory and punitive damages.

The bad faith case against Allstate Insurance Company went to trial. A jury assessed $5.8 million in compensatory damages and $10.5 million in punitive damages against Allstate. The Appeals Court ruled that Allstate failed to recognize how severe the Johnsons’ injuries were and that the claim would far exceed Davis’ $50,000 policy limits, thereby placing their insured, Mr. Davis, in a situation where his personal assets were exposed.

As a Philadelphia Personal Injury Lawyer, this is a hugh win for the individuals who are constantly fighting insurance companies for fair compensation. As reported by CNN's Anderson Cooper, Allstate Insurance Company has been known to use tactics of delay, deny and defend to increase their profits and reduce your recovery.

View: Anderson Cooper 360 -- Keeping them Honest: Insurance Battle
View: Anderson Cooper 360 - CNN Allstate - Part 2

Contact Attorney Michael Mednick of Mednick, Mezyk & Kredo for a free consultation if you have questions concerning an Insurance Company's failure to fairly pay an insurance claim.

Related Web Resources:

Bizjournals.com: Appeals court upholds jury verdict against Allstate

Posted by Michael Mednick | Permalink | Email This Post

Posted In: Insurance Claims , Legal News

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Philadelphia Accident Lawyer, Michael Mednick, and his client have reached a settlement with Allstate Insurance Company in a Chester County motor vehicle accident case shortly before trial for $665,000. The client was a UPS delivery worker. He was driving in stop and go traffic when he was struck in the rear by another vehicle. He subsequently developed neck pain and knee pain. The pain persisted and the client underwent a fusion surgery in his neck and a meniscus repair surgery in his knee. Thankfully the surgeries went well.

We were about to start trial when the case settled. We had already taken the video deposition of Dr. DerKrikorian, plaintiff's neurosurgeon. The defendant had taken their physician's video deposition. These depositions were going to be shown to the jury had the case not settled. Following the deposition of Dr. DerKrikorian, a substantial offer was made. We were then able to negotiate a favorable settlement for the client.

The client and his family expressed extreme gratitude towards the Philadelphia Personal Injury Law Firm of Mednick, Mezyk & Kredo. The client, his wife and son have moved to Iowa where the client now works as a corrections officer.

Posted by Michael Mednick | Permalink | Email This Post

Posted In: Auto Accidents , Insurance Claims

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As a Philadelphia Accident and Personal Injury Lawyer, I am frequently faced with questions from clients who were recently injured in a automobile accident. One of the most frequent questions I receive is: "Will My Insurance Premiums Go Up If I Make a Claim?"

The answer is No, not necessarily. If you make a claim under your automobile insurance policy your insurance premium cannot be increased unless you are determined to be at fault in contributing to the accident giving rise to the claim.

Let's say, for instance, you are a passenger in my car and we get struck by another car. Pennsylvania Law says that your own personal automobile insurance policy (assuming you have such a policy) must pay your medical bills. It is not my automobile policy (even though you were in my car) nor is it the other person's automobile policy (even though they may have been at fault), it is your own that pays your medical bills (see my previous blog "Pa. Car Accident, Who Pays My Medical Bills"). In this scenario, which happens quite frequently, your insurance premiums cannot be increased by your insurance company.

The same holds true for other types of coverages under your policy. For instance, Uninsured Motorist Coverage, Underinsured Motorist Coverage, Collision Coverage, Wage Loss Coverage, Medical Coverage, etc. If you make a claim under any of these coverages, your insurance company cannot raise your insurance rates simply because you made the claim. They may only raise your rates if it is determined that the insured was at fault in contribution to the accident.

The actual Pennsylvania Statute (75 Pa.C.S.A. Section 1793 (a)(1)) reads:

"An insurer shall not increase the premium rate of an owner of a policy of insurance subject to this chapter solely because one or more of the insureds under the policy made a claim under the policy and was paid thereon unless it is determined that the insured was at fault in contributing to the accident giving rise to the claim."

The Philadelphia Personal Injury Law Firm of Mednick, Mezyk & Kredo, represents individuals injured in car accidents, truck accidents, SEPTA bus and SEPTA trolley accidents, pedestrian accidents, etc. Contact us for a free consultation.

Posted by Michael Mednick | Permalink | Email This Post

Posted In: Auto Accidents , Insurance , Insurance Claims , SEPTA Accidents

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As a Philadelphia Dog Bite Lawyer I represent individuals involved in dog bite attacks. According to a recent study released by the Insurance Information Institute, dog bite claims accounted for one-third of all homeowners insurance liability claims paid in 2007. The average dog bite claim totaled more than $24,000 and, as a whole, cost the insurance industry more than $350 million.

According to the Centers for Disease Control and Prevention (CDC), more than 4.7 million people per year are victims of a dog bite attack, resulting in an estimated 800,000 injuries that require medical attention. With more than 50 percent of dog bite attacks occurring on the dog owner's property, the insurance industry is crying foul. While the cost of these claims to the insurance industry is astounding, what is equally astounding is the record profits these insurance companies continue to rake in year after year. The insurance industry is not who we should feel bad for. Rather we should feel compassion towards the victims of these dog bite attacks. Most of the dog bite attacks are unprovoked and many cause serious life long injuries or scarring.

As a Philadelphia Dog Bite Lawyer, I fight for every dollar of compensation a dog bite victim deserves. As a person who has been the victim of a dog bite attack in the past, I understand the effects of these attacks on my clients. I was fortunate enough not to have real serious injuries, however, many of my clients are not so lucky. If you or a loved one was the victim of a dog bite attack, contact me for a free consultation.

Posted by Michael Mednick | Permalink | Email This Post

Posted In: Dog Bite , Insurance Claims , Legal News

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A new nationwide study released June 26, 2008 by SAMHSA has revealed that many teens get alcohol from their parents or other adults. According to the study, 40 percent of the underage drinkers got the alcohol from an adult for free. As a Pennsylvania Personal Injury Lawyer, I have seen cases where parents or adults become personally responsible for the negligence and resulting injuries caused by drunken teens. In other words, if you give alcohol to your teenager and he or she ends up harming someone (examples - car accidents, fires, physical violence) then you could be personally responsible for the negligence of the teen. Many times, your homeowners insurance will cover you, assuming you have such insurance.

So, this becomes a two part problem. First, adults who provide alcohol to minors are directly contributing to the underage drinking, in essence enabling the minor to drink by providing the alcohol. Underage drinking and the consequences that accompany this behavior are often catastrophic in nature. Second, adults who provide the alcohol may be held responsible for the actions of the minor. This could be true even if the minor leaves the house and continues to drink before engaging in the harmful act.

Related Web Resources:

SAMHSA - Full Report: Underage Alcohol Report

Find Treatment For Substance Abuse

Posted by Michael Mednick | Permalink | Email This Post

Posted In: General Negligence , Home Owners Liability , Insurance Claims

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In our Philadelphia Personal Injury Law Firm, we often see a client's personal injury settlement funds reduced in order to pay child support arrearages. Since Act No. 109 was signed into law by Governor Rendell in July of 2006, the Department of Public Welfare (which collects past due child support) has the absolute right to intercept overdue child support from lump sum monetary awards or settlements. As a Pennsylvania Personal Injury Lawyer, I am required by Act 109 of 2006 to perform a child support lien search on every case where our client is due to receive $5000 or more in net proceeds.

Recently, the Superior Court of Pennsylvania, in Faust v. Walker, held that the first $5,000 of net proceeds are NOT subject to attachment. Net proceeds refer to the proceeds that an injured individual is entitled to, after attorneys fees and costs.

So, if you are behind on your child support and you are due to recover more than $5,000, your settlement funds will be reduced by your arrearages.

Posted by Michael Mednick | Permalink | Email This Post

Posted In: Insurance Claims , Jury Verdicts , Legal News , Worker's Compensation

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In my Philadelphia Personal Injury Law Office, I am frequently asked by my clients who are injured in a car accident, "Who Pays My Medical Bills". The answer is based on an Order of Priority set forth in the Pennsylvania Motor Vehicle Financial Responsibility Act. The Act provides, with few exceptions, that your own personal insurance company is the primary payer of your medical bills. This is regardless of fault. It doesn't matter that you were a pedestrian, a passenger in a friends car, on a SEPTA bus and it doesn't matter that you were rear ended, sideswiped, hit head-on. In all cases, your own personal insurance company must pay your medical bills.

The next logical question is, "Will my insurance premiums increase if I make a medical claim to my insurance company?" The answer is No. Your insurance company cannot raise your insurance premiums because you made a medical claim under the medical coverage of your automobile insurance.

For more information on this topic, click here or visit our website.

Posted by Michael Mednick | Permalink | Email This Post

Posted In: Auto Accidents , Insurance Claims

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Have you had your insurance claim denied or delayed? Research by FBIC shows that in the year 2007 insurance denials and insurance complaints were on the rise. The largest increases were in disability claims (12.1% increase), workers compensation claims (9.9% increase), homeowners claims (11.2% increase) and automobile claims (8.1% Increase). It is expected that insurance denials and complaints will continue to rise in 2008.

The reason for the denial may be the economy. The insurance companies used to be able to invest their premium collected for large returns. Now, with the rates of return at near record lows, the premiums simply do not go as far as they used to. Let's not feel bad for the insurance company however, their profits are still astonishing.

Our Philadelphia Law Office practices in Insurance Disputes and Claims. We will fight to get your insurance claim fairly and properly resolved. Our attorneys previously worked for insurance companies which gives us added knowledge of their inner workings and how claims are evaluated. We can use this knowledge to assist you in your case.

Posted by Michael Mednick | Permalink | Email This Post

Posted In: Auto Accidents , Home Owners Liability , Insurance Claims , Worker's Compensation

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Fireman's Fund Insurance Company was hit with a $5.3 million dollar bad-faith verdict by a U.S. District Court Jury, the largest in history. The verdict included $3.5 million dollars in punitive damages.

The lawsuit alleged that Fireman's Fund refused to pay underinsured motorist benefits on the policy and delayed payment of medical benefits. The plaintiff alleged permanent brain injuries sustained in a head-on collision. Her damages exceeded the amount of the responsible party's insurance limits, thus triggering an Underinsured Motorist Claim under her own policy with Fireman's Fund.

In the trial, plaintiff presented evidence that her medical bills were turned over to a collection company and ultimately her medical treatment was affected after Fireman's Insurance repeatedly failed to pay her medical bills.

In the claim for punitive damages, the plaintiff was able to introduce that Fireman's Fund Insurance Co's net assets in 2004, the year the claim was made, exceeded $9.9 billion. Maybe this will spark the end to the tactics many insurance companies employ, commonly known as the 3 D's - Delay, Deny and Defend.

If your insurance claim has been denied, refused or rejected, contact us for a free consultation, or for more information, click here.

Posted by Michael Mednick | Permalink | Email This Post

Posted In: Insurance Claims , Jury Verdicts

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