Suing an Insurance Company - An Overview of the Process

Insurance companies need to be held accountable for following the rules and treating their customers fairly. If your claim was wrongfully denied, or your settlement was less than it should have been, you may be able to file a lawsuit against your insurance company.  Below are some frequently asked questions, and answers, about the process of suing an insurance company.

Q: How can I sue an insurance company?

A: Here is an overview of the process.

• You will need a lawyer, and the insurance company will certainly have their attorneys to represent them. You need a lawyer who has been successful at suing insurance companies, ask friends and family for referrals and check the lawyer’s references.

• The two lawyers will gather information about the claim and what happened. This process, called “discovery” involves both sides collecting information through interviews and depositions, which are done under oath by the lawyers and then information is shared with the opposing counsel.

• Both sides will have expenses to cover travel, collecting information, court costs, and expert witnesses.

• You will be deposed under oath. You will be interviewed and must provide the truth. Your lawyer is there to make sure the opposing attorney asks reasonable questions and can reject them by making objections.

• If the settlement process isn’t successful, then the claim may go to trial, and you will need to testify as a witness.

• The process of suing the insurance company in court will be long and may last years. The only option is to wait for the process to finish to find out what the outcome will be.

• Your lawyer will keep you updated, and it is a good idea to stay in contact with regular contact. Choosing an attorney you trust is important, so you know they have your best interests in mind.

•  The process is likely to include mediation and discussions about settlements where you will need to be involved.

• Your attorney will be advising you on the settlement process and any offers you receive from the insurance company.  You will need to make decisions once you have been advised.

Q: Lawyers are expensive.  How can I afford a lawyer?

A: Hiring an attorney based on a contingency fee means that you don’t have to pay upfront costs and will not have out of pocket costs. The attorney will receive a percentage of the settlement.  If you don’t get a settlement, you don’t have to pay the attorney.

Q: If I win the lawsuit against my insurance company, what will I get paid?

A: The amount varies on the details about your case, the type of policy you have, and where you live.  Here are some types of damages you may recover:

Your economic losses are paid in full.

• Damage to your property
• Medical bills
• Losing your home or car
• Loss of income
• Lost interest/loss of opportunity
• Recovery of your insurance benefits
• Payment for all losses from unpaid insurance benefits

Non-economic losses

• Pain and suffering due to your poor treatment by the insurance company

Exemplary/Punitive Damages/Penalties

• Additional fees or penalties to the insurance company for not paying on your claim.

Q: What happens if I lose the lawsuit?

A: If you hired an attorney based on a contingency fee, you would not have to pay anything to the attorney.  If you hired an attorney without a contingency fee arrangement, you may have to pay for court costs and other fees. Typically, the insurance company will pay for their attorneys and court costs.

Q: What usually happens in a suit against an insurance company?

A: Over 90% of all lawsuits are settled outside of court. It is very likely that your lawsuit will be settled through negotiations between the two attorneys or mediation proceedings.

Contact an Insurance Claims Attorney

If you are considering suing your insurance company over a wrongfully denied claim, you need an attorney.  Mynor E. Rodriguez is available to answer questions you may have about the process of suing your insurance company.  Contact him today.

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Safety Tips for Preventing Construction Falls

Falls are the number one cause of death for a construction worker.  And the source of most industrial accidents.  Most of these deaths are preventable.  Construction worker most often fall from ladders, scaffolding or roofs.  

So how can these deaths be prevented?  In short, safety protocols and equipment can help prevent construction falls.

Tips for Preventing Construction Falls

1) Be Mindful of Slip and Trip Hazards

Construction workers may not consider slip and trip hazards to be fall hazards.  These falls often cause back, neck and knee injuries.  Slips and trips lead to the highest number of days lost from the job.

Workers need to be aware of ground elevation changes.  They should also be provided a ladder when necessary.  Conditions on the job that make tripping or slipping more likely should be corrected.  For example, the only pathway to the other side of a job site should not be through the middle of a bunch of hoses or pipes.  An employer paying attention to job site conditions can make a big difference toward reducing worker injuries.

2) Plan the Work in Advance

Planning the project in advance helps increase productivity and safety.  Before the job is started, the necessary safety equipment should already be available.  Thinking about this in advance allows the cost of the equipment to be built into the bid.  Not to mention, workers are ready to go from the time the work starts.  Having the necessary Personal Protective Equipment (PPE) on site allows workers to tackle every day safely.

3) Provide Training

OSHA often issues citations for lack of proper training along with citations for fall protection violations.  Providing safety equipment on its own isn't enough.  Employers must give safety training to go along with it.  Employers must train workers on the proper use of the equipment including its limitations, how to care for it, and when it is needed.

Also, provide the right fall protection for the job.

4) Plan. Provide. Train.

These three steps can protect employees.  Employers need to plan to get the job done safely and efficiently. Before the job begins, employers must provide the necessary fall protection and train employees on how & when to use it.

When employers neglect these important steps, workers can be injured and killed.  If you’ve been hurt or lost a loved one to a construction fall, Mynor E. Rodriguez will be on your side to help.  Contact him today.

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What is a Wrongful Death Suit?

If you've lost a loved one because of someone's neglect, you might wonder, what is a wrongful death suit.  In simple terms, a wrongful death lawsuit applies when someone’s actions or their neglect leads to a person’s death.  

The reasons why the family chooses to pursue a wrongful death suit depend on the specific situation, but many times the goals relate to protecting other families from experiencing the same tragedy, to serve to make the responsible party accountable, and bring some comfort to the family by relieving some financial stress.  For legal assistance and guidance, an experienced attorney is essential you can trust Attorney Mynor E. Rodriguez to handle your family’s case.

Here is an overview of the process involved in a wrongful death lawsuit:

Causes of Wrongful Deaths

Most wrongful death lawsuits are caused car accidents since more than 1.3 million Americans die in auto accidents every year. Approximately 225,000 people die because of medical malpractice each year. Overall, various acts of neglect can lead to wrongful death including:

• 18-wheeler accidents
• Government hospital medical malpractice
• Car wrecks
• Industrial accidents
• Motorcycle crashes

Proving a Wrongful Death Case

To prove a wrongful death claim, the following criteria will be central to the lawsuit:

• The ability to prove that the defendant caused the death either through negligence or with the intent to harm.
• You are the eligible party to file the lawsuit.  For example, you are a descendant or financial dependent.

Your attorney needs your cooperation to prepare the best possible case.  Clients who are an asset to the legal team can provide crucial details and information are essential to building a strong case, as much as hiring an experienced wrongful death attorney gives you the best chance to win.

The Damages Available in a Wrongful Death Suit

If you win a wrongful death lawsuit, you may be able to recover economic and non-economic damages.  Wrongful death damages can include:

• Funeral and medical expenses
• Loss of household services – the cost to replace what your loved one did around the house, such as home maintenance and repairs.
• Loss of inheritance and financial support
• Mental anguish, pain, and suffering – aspects that are hard to assign a monetary value.

Money can’t bring back a loved one.  The loss of human life can’t be valued in dollars and cents. However, financial compensation is typically the only available option in a wrongful death suit and may serve to deter others from future negligence.

If you’ve lost a loved one due to the negligence of another, contact Mynor E. Rodriguez today for a free consultation.  Attorney Rodriguez has years of experience handling wrongful death matters and can help your family through this difficult time.

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Flash Fire Risks in the Oil & Gas Industry

Living in the Houston area, you often hear about fires in the oil and gas refineries.  Some of these fires are contained without incident.  There is a real risk for injury when one of these fires breaks out. Flash fire risks in the oil and gas industry cannot be ignored.  When safety precautions aren’t taken, workers can get hurt.  Industrial accidents can happen.

Flash fires pose a significant risk to oil and gas workers. A flash fire is an intense fire caused by the ignition of air and a dispersed flammable substance such as dust, combustible liquid, vapors, or gas.  Flash fires burn quickly and at high temperatures.  The National Fire Protection Agency defines flash fire as “A fire that spreads rapidly through a diffuse fuel, such as dust, gas or the vapors of an ignitable liquid, without production of damaging pressure.”

Flash fires burn so hot that they cause serious damage relatively quickly.  The high heat of a flash fire raises the temperature of the surrounding air.  If inhaled, this air can harm lung tissue.  Also, flash fires can create intense smoke.  The high heat of the smoke can cause smoke burns.  Flash fires in confined spaces can kill worker through asphyxiation or smoke inhalation.

Preventing Flash Fires

It is important to educate workers on how to safely perform their jobs.  Providing workers with the proper tools they need to do their jobs and a safe environment to work in is critical.  It is imperative to keep the work area clear of accumulating dust or gas, to prevent flash fires.

Preventative measures for mitigating the risk of flash fires can include:

• Flame resistant clothing, such as Nomex. Flame resistant clothing is the last line of defense in protecting workers in the event of a flash fire.
• Safety training about identifying combustible materials such as dust and vapors.
• Hot work permit procedures that identify hazards and create a safety protocol for performing work.
• Oxygen and fuel vapor monitoring.
• Air filtering system to remove combustible dust from work areas, together with a facility cleaning program.

When safety measures fail, workers can be injured.  Flash fires can be very dangerous to everyone in the vicinity.  Employers must be vigilant in providing a safe work environment.

Where do Flash Fires Occur in the Oil & Gas Industry?

Although working in the oil & gas industry is inherently dangerous, there are areas where flash fires are more prevalent.  Workers in these areas must receive the proper training and safety equipment.

Areas where the risk of flash fires are greater include:

• Drilling – Drilling into a hydrocarbon bearing zone that could release hydrocarbon vapors.
• Completions and Well Servicing – These jobs require handling of flammable liquids, fracking operations, and working close to open wellbores or frac flowback tanks.
• Gas Processing – This work near equipment containing hydrocarbons and maintenance on natural gas compressors can expose worker to flash fire dangers.
• Production – In particular, manually lighting burners, venting and blowing down process equipment, and transferring liquid hydrocarbons in or out of a transport truck.
• Hot-tap and in-service welding

Flash Fire Risks in the Oil & Gas Field are Dangerous Industrial Accidents

Employers must provide employees with a safe place to work.  Although not all hazards can be anticipated, training employees can help keep them safe.  So too, can providing workers with the equipment they need to safely do their job.

When a flash fire strikes and workers are injured, they may need the helped of a skilled personal injury to get the compensation they deserve.  Contact Mynor E. Rodriguez today for a free consultation.

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Accidents with Uninsured Drivers

Accidents with uninsured drivers cost the American public around $28,000,000,000 per year.  Approximately 13% of all auto accidents are caused by uninsured motorists.  You may be wondering what happens if one of these uninsured drivers hits you.  Who will pay your medical bills?  Who will pay to fix your car?  You will, unless you have the right insurance.

Make Sure you Have the Right Insurance Coverage

More than 50% of people driving on the road today have the minimum insurance required by law.  Many don’t have insurance at all. Around 23% of drivers are on the road without insurance.  That number is increasing.  How do you protect yourself from uninsured drivers?  Defensive driving isn’t enough.  So, what do you do?

Make sure you have enough insurance coverage before you have an accident.  To avoid going broke after being hit by an uninsured driver, you should consider purchasing:

• Gap Insurance – If you have a car loan, you might owe more than the car is worth. If this is the case and your car is totaled in an accident, gap insurance will pay the difference between what you owe and the amount you get from the insurance company.  If you have gap insurance, be sure to cancel it after the car is paid off.  The insurance company will happily keep taking your money.
• Personal Injury Protection (PIP) – PIP coverage can be used to pay for lost wages and medical bills. This coverage is no questions asked and regardless of fault.  All you should do is send in proof of loss, i.e. a medical bill. Typically, this isn’t a lot of coverage.  One trip to the emergency room can eat up all your PIP money.  Keep this in mind when you are purchasing coverage.  Your insurance company cannot ask for PIP payments back.  If you receive a settlement, either from the other driver or your insurance, this money is yours.
• Medical Payment Coverage (MedPay) – This coverage can be used to pay for medical bills and prescription drug coverage. If you use MedPay, your insurance company will want this money back. If you receive a settlement, your insurance company will make you pay this money back out of your recovery.
• Uninsured/Underinsured Motorist Coverage (UM/UIM) – This will cover you if the person who hits you doesn’t have insurance or doesn’t have enough insurance to cover your damages.

Should I use My Health Insurance for Medical Care?

Many people wonder if they should use their health insurance for their medical care.  I hear from a lot of people that they don’t think their insurance should pay when it is someone else’s fault.  That’s true!  But, if you don’t use your health insurance, are you ready to pay cash?  Many drivers ignore their responsibility to carry insurance.  When they do, you could be left holding the bag.  Getting the medical care you need should be your priority.

If there is a settlement, your health insurance carrier can be paid back.  An experienced personal injury lawyer can negotiate with the insurance companies to ensure that everyone gets their fair share.

Buy Enough Insurance Before an Accident, Hire a Personal Injury Attorney After

Make sure to discuss the coverage you need if you are hit by an uninsured driver.  Insurance companies may be reluctant to sell you PIP and UM/UIM coverage.  Insist on it!  This coverage may cost you $5 to $10 per month, but it can save you thousands.  If you are involved in a car accident, contact a personal injury attorney to help you get the compensation you deserve.  Contact Mynor E. Rodriguez today.

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Your Mood Impacts your Driving Skills

There’s no question that our mood impacts what we do.  When you're stressed out, you may be quick to yell at your kids.  When you’re distracted you may be more likely to say “yes” to that sleepover than if you were truly listening when your child pitched the idea.  Just as our mood impacts how we behave or the choices that we make, it also impacts our driving.  Your stress or the fight with your wife comes with you behind the wheel.  Your mood affects your driving skills and can interfere with your ability to drive safely.  Your bad mood could cause a car accident.

Angry Driving is Dangerous Driving

Getting behind the wheel when you are angry or in a hurry can make you extremely distracted.  You may also be more aggressive and take risks on the road.  Angry or hurried drivers may find themselves:

• Following too close
• Making unsafe lane changes
• Hurrying to beat a light
• Cutting in and out of traffic
• Running red lights
• Passing on the right
• Ignoring warning signs or road hazards
• Pushing drivers out of the way
• Honking or making obscene gestures
• Speeding

Angry driving can be unsafe driving.  Hurried driving can be reckless driving.  So, what do you do if you have an aggressive driver on your tail?

• Give them some room
• Let them pass
• Refrain from engaging, however, tempting it may be

It has been found that aggressive driving played a role in 56% of fatal crashes from 2003 to 2007.  It’s best to let a hurried or aggressive driver go right on by.

Distracted Driving Causes Car Accidents

Let’s face it, anything that takes your eyes off the road is a distraction that can cause an accident.  Dealing with your crying baby in the back is a dangerous distracting.  Bending down to pick up your dropped phone is a hazard.  Although we don’t want to admit it, many of us are guilty of distracted driving.  Some of us may get distracted by sending text messages, checking Facebook or rear-ending police cars while taking selfies.

In 2013, it was found that 10% of fatal crashes, 18% of injury crashes and 16% of all reported car accidents were caused by distracted driving.  Distractions slow a driver’s reaction time.  Also, when your eyes aren’t on the road, you can’t see hazards such as pedestrians or debris on the road.  Over 8,000 distracted driving accidents occur daily across the nation.  Keep your eyes on the road!

3 Safety Tips for Preventing Car Accidents

Next time you are getting behind the wheel, remember these three tips:

• Check your attitude at the door.
• Stay alert and aware of road conditions.
• Follow the rules of the road – obey traffic signals and speed limits.
• Stay off your mobile phone and tablet device.
• Don’t text and drive.

If you or a loved one has been injured in a car wreck caused by an angry or distracted driver, contact Mynor E. Rodriguez for a free consultation today.

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VA Medical Malpractice - Can I Sue the Hospital?

Patients expect to be taken care of in a hospital, even if that is a VA hospital.  When you are at a VA hospital, the rules are the same.  Patient safety is number one.  Nurses have an obligation to adhere to patient safety rules.  Doctors must meet the standard of care.  When doctors, nurses and hospital staff fail, patients can get hurt.  When a patient is harmed, they may be wondering, can I sue the hospital?  VA medical malpractice exists.

Figuring out if someone injured in a hospital was hurt by negligence is difficult.  Or if the injury was merely one of those things that happens.  From there, it must be determined who was at fault.  Was the doctor at fault? Did the nurse fail to execute an order or miss telling the doctor about changing signs or symptoms?

If you’ve been hurt in a government hospital, many may not think they can file suit because they are dealing with the government.  The Federal Tort Claims Act allows suits to be brought against certain government employees and entities.  Suing a hospital is complicated.  Suing a VA hospital under the FTCA is even more complex.  

Here are some things to consider when figuring out if you have a case against a VA hospital:

1. Find the Responsible Party

Just because a patient was hurt in the hospital doesn’t mean the doctors or nurses are at fault.  There is a big difference between a bad result and medical malpractice.  A VA medical malpractice attorney can help you determine if the injuries are because of negligence.  They can review your records and consult with the right experts.

2. Don’t miss your Time to File under the Federal Tort Claims Act

You have two years from the time your claim arises to file your administrative claim. Figuring out when your claim arises can be one of the issues in the case.  Because of this, having a lawyer on your side can help.  Also, it is important to file your administrative claim as soon as possible to avoid missing the deadline.

3. Get Your Records

If you think you have a VA medical malpractice claim, order your records.  Any lawyer who will look at your case will need them.  Getting them the records will help things move faster.  Also, any medical expert working the file will need to review your medical history.

If the medical malpractice has caused death, you will want an autopsy.  Medical malpractice cases are difficult to prove without one.

4. Don’t Go It Alone

Medical malpractice cases are tough.  First, medicine is complex.  Second, administrative cases involving medical malpractice are complicated. Trying to handle your administrative claim on your own can be a big mistake.  It is in your best interest to contact a lawyer familiar with handling VA medical malpractice cases.

Getting the legal help that you need can make all the difference towards having your claim paid.

Contact a VA Medical Malpractice Attorney

Medical malpractice cases can take a long time.  You may not get the result that you want.  Contacting a lawyer can make all the difference towards a successful outcome.  Mynor E. Rodriguez handles VA medical malpractice cases.  Contact him today.

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