FAQS

Q

Is mediation a required step in a personal injury case?

A

Mediation of personal injury cases is not mandatory, but more and more cases are being mediated. It is one of the best tools available if clients and insurance companies reach an impasse on a settlement.



Q

What is the benefit of an umbrella or excess policy insurance company settling at mediation?

A

Mediation is often the better option when settling an umbrella insurance policy claim. Umbrella or excess policy insurance is a secondary type of liability insurance that covers a policyholder’s personal liability above and beyond the standard liability provided by the primary policy.



Q

Why is confidentiality important in personal injury mediation?

A

Confidentiality is one of the most significant benefits of mediation. When a case is resolved in court all of the details become a matter of public record. Personal injury cases typically involve detailed information about the health and personal life of the plaintiff and it can be difficult to have this information shared with the public.



Q

What if a settlement for my personal injury case is not reached during mediation?

A

If mediation is unsuccessful and a settlement is not reached in a personal injury case, there are still many options available to those involved. This is one of the reasons it’s such a good idea to attempt mediation.



Q

How is a contract breached?

A

A contract is a legal document governing the actions and responsibilities of two or more parties. Breach occurs when one or more of the parties involved fails to fulfill its obligation(s) as described,



Q

When is a contract unenforceable?

A

To be enforceable, a contract must include an offer to enter into an agreement, an acceptance of that offer, and consideration. To be enforced in a court of law, the contract must both be legally valid and the party against whom enforcement of the contract is sought must not have any valid defenses to breach of contract claims.



Q

What are the different kinds of defective product liability claims?

A

Product liability claims are filed when someone is injured because of a product. Claims typically fall into three categories including:



Q

Who is liable if I am injured or damaged by a defective product?

A

If you are injured by a product, the designer, manufacturer, or distributor may be held liable. However, these cases can be complicated and there needs to be indisputable proof that you were injured, that your injuries were caused by the product,



Q

What must I prove in order to win my defective product liability lawsuit?

A

There are several things that must be proven in a product liability lawsuit. First, it must be shown that the plaintiff was injured.



Q

How long do I have to file a defective product liability claim?

A

Product liability claims must be filed within a certain period of time. This is known as the statute of limitations.



Q

How do I dispute an insurance settlement?

A

Disputing an insurance settlement can be a time-consuming and frustrating process, but it is often worth the effort. In order to dispute your claim, make sure you are keeping a written record of everything.



Q

How do you negotiate an insurance settlement?

A

The best way to negotiate an insurance settlement is to work with a lawyer. Insurance companies have lawyers on their side, negotiating on their behalf. You deserve the same support.



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