‘Tis the season to be jolly, but if you’re unfortunate, the holiday season can also mean personal injury. Every year, thousands of people end up in the hospital because of holiday-related injuries. Whether you’re putting up lights, hanging wreaths, preparing a festive meal, traveling, or just working in wintry weather, you’ll want to be a little bit more cautious and patient, as one bad step can send you to the emergency room.
The attorneys at Millin & Millin, PLLC understand that sometimes accidents happen, but the best way to avoid them is to recognize what steps you can take to keep them from happening. So take into account the following holiday safety tips to ensure you and your family enjoy a safe and cheerful holiday season.
One of the most commonly reported decorating injuries involves slipping and falling.
With thousands climbing up on roofs and ladders to decorate houses and Christmas trees, it’s no wonder that we sees hundreds of slip and fall injuries during the holiday season. Consider the following safety tips to avoid a horrible accident:
Don’t let holiday travel dampen your holiday cheer.
Traveling means lifting and carrying baggage, but you’ll want to be extra mindful of your body to avoid common neck, back, and shoulder injuries. In fact, these injuries are so common that the Consumer Product Safety Commission reported 75,543 luggage-related injuries in 2013. So as you travel to visit loved ones consider the following tips:
Be careful when carving.
Turkey, ham, roast, and pies are all delicious holiday traditions, but they also require knife safety. The American Society for Surgery of Hands reports that hand lacerations are one of the leading causes of holiday injuries, so be wary and take care of those free fingers to avoid a carving injury. Here are some simple tips to remember:
An electrical shock is not the holiday surprise you need.
Electrical accidents are common during the holiday season because of the use of Christmas lights. Overloaded outlets and frayed wires can have horrific consequences on an unsuspecting victim, so remember to use the following tips to avoid an electrical shock:
This time of year can be especially hectic with huge to-do-lists that cause safety measures to be overlooked, and even then, sometimes the safest families have accidents.
If you are having to file an insurance claim, it’s likely due to the fact that you just suffered a terrible accident. Having to deal with the bad faith tactics of an insurance company is the last thing you need on your plate during this time. Depend on the responsiveness of the Millin & Millin legal team to get your rightful compensation from deceitful insurers.
Contact us at (956) 631-5600 to get help from the premier bad faith insurance lawyers of the McAllen metro and Rio Grande Valley.
Every insurance company owes it to their policyholders to act in good faith. When an insured individual has been involved in a circumstance that directly affects his or her way of life, the policyholder usually files an insurance claim immediately so that compensation can be granted and to diminish unexpected financial burdens.
Lamentably, policyholders face deeper issues when their insurer deceives them.
Although acting in bad faith, or implementing unfair practices in a valid claim, is out of compliance with the Texas Insurance Code, insurance companies sometimes prefer to not fulfill contractual obligations for their own advantage.
Are you currently dealing with a bad faith insurance situation?
Let the attorneys at Millin and Millin represent your case.
Although insurance companies are responsible for bad faith practices, insurance adjusters also play a role in this wrongful behavior. Adjusters have the responsibility of processing and properly investigating a claim, developing reasons why a claim should be denied, and figuring out whether the policyholder was at fault in a given incident.
In most cases, adjusters will spend hours investigating and trying to find details and evidence that can aid in denying a claim. These acts help adjusters implement claim evaluation techniques that can have a negative effect on a policyholder’s claim.
Courts around the nation have concluded that an insurance company must have systems that their adjusters can depend on when evaluating a claim. Although a bad faith act should never be a company standard, nobody truly knows exactly how insurance companies operate, so it’s difficult to get a full disclosure of what happens behind closed doors. There are, however, recognized tactics that are utilized by insurance companies.
Below is a list of examples that can aid in identifying a bad faith act:
There are certain steps that can be taken if you believe that your insurance company is acting in bad faith. Those include contacting the adjuster’s supervisor or taking legal action in an attempt to recover what is owed to you.
Most people begin by gathering all the facts and vital proof that can be used to back up their assertion. It is also advisable that claimants keep their cool when attempting to contact a supervisor about the matter; cooler heads prevail and will help you to receive the attention of a higher authority rather than being disregarded as a vexed claimant.
After your conversation, stay in contact, and following up as needed. Make sure that you send a certified letter to both the supervisor and a copy to the adjuster. Summarize all the elements that were discussed by phone and add an additional paragraph that details why you believe your adjuster acted in bad faith.
Conclude by saying that you are hopeful that both the insurance company and adjuster will begin a fair negotiation of your claim and that you will seek legal representation if the situation does not change.
If you find that your claim was rejected even after attempting to come to an honest agreement, then do not hesitate to contact the attorneys at Millin & Millin. Our litigators have advocated for McAllen metro residents who have had to deal with bad faith insurance tactics. Our attorneys possess superior experience and the necessary knowledge to bring forth an exceptional case.
Contact us at (956) 631-5600 for a free consultation.
The holiday season is one of the most joyous times of the year. There’s a wonderful abundance of family, friends, festivities, and cheer. But there’s also an increased risk for a holiday mishap. Especially fires.
Naturally, the first instinct is to turn to your homeowners insurance company after a disaster. Once a claim is filed, your insurer will send over an adjuster to evaluate the damage. Sadly though, the adjusters are representing the company’s interest first and foremost, which means the homeowner gets the short-end of the stick.
In a catastrophic house fire, for example, the insurer will often recommend a professional cleaning service to clean the carpets, furniture, etc., rather than pay replacement costs.
Rather than have to deal with the consequences of a bad faith insurance claim, consider taking the necessary steps needed to reduce these risks.
The National Fire Protection Association (NFPA) issued a report in 2015 that showed that between the years of 2009-2013, Christmas trees were responsible for an estimated 210 house fires per year; this lead to an annual average of 7 deaths, 19 injuries, and $17.5 million in direct property damage.
Although Christmas tree fires are not very common, when they do occur, they are more likely to cause serious damage. Consider the following recommendations to avoid a fire hazard:
The same study completed by the NFPA found that U.S. fire departments responded to an average of 860 home fires during the same time frame (excluding Christmas trees). Annually, these fires account for an average of 1 death, 41 injuries, and $13.4 million in direct property damage.
Additionally, candles accounted for 38% of home decoration fires, with half of those occurring during the month of December. Remember the following candle safety tips to avoid a holiday tragedy.
Fireplaces are uncommon in the McAllen metro area, but electric space heaters are still widely used during those occasional winter cold fronts. While necessary for many families, the NFPA urges caution and ask the public to practice safe heating tips. Though electric space heaters only account for 32% of home heating fire involved space heaters, they cause 79% of home heating fire deaths.
The leading factors for space heater fires includes the equipment being too close to combustible items such as furniture, clothing, and mattresses, as well leaving the space heater unattended.
Millin & Millin bad faith insurance lawyers offer the following tips.
Even the most vigilant, safest family has accidents. If you are having to file an insurance claim, it’s likely due to the fact that you have just suffered through a terrible event. Having to deal with the unscrupulous tactics of an insurance company is the last thing you need on your plate during this time.
Depend on the responsiveness of the Millin & Millin legal team to get the justice you need when seeking your rightful compensation from deceitful insurers.
Contact us at (956) 631-5600 to get the legal representation you need.
What on the outside appear to be simple meetings with State Department of Insurance employees and insurance companies, has individuals worried that these engagements are actually being used to persuade regulators to approve increased premiums.
Perhaps most tellingly, insurance companies are spending hundreds of thousands of dollars developing meetings at prime vacation spots where regulators have access to free meals and other privileges.
It appears that close relationships between state insurance commissioners and insurers are the leading reason why consumers are at greater risk of unfair treatment.
Have you been treated unfairly by your insurance provider? Let Millin & Millin Attorneys advocate on your behalf and help you take advantage of your legal rights.
Throughout the nation, insurers have played an influential role in the decisions of insurance commissioners, and while state commissioners are supposed to regulate the insurance industry fairly and protect policyholders, it appears that insurance companies have corrupted the system.
For example, an Arkansas case in 2008 involved an insurance commissioner who failed to comply to state standards, and showed little understanding of a hospital’s billing complaint.
After countless interactions with UnitedHealthcare lawyers and lobbyists, the Arkansas insurance commissioner decided to grant the case in favor of the insurance giant. The ultimate decision, and dishonest behavior of the state commissioner, saved UnitedHealthcare millions of dollars.
But the nation, as well as policyholders, faces a deeper concern as matters worsen. According to the Center For Public integrity, 6 percent of the annual revenues collected by insurance departments were spent on regulation.
This puts both a policyholder and the nation in general in economic distress. For example, a consumer is placed in a position of vulnerability, as insurance companies will potentially try to utilize social media to gain personal data about a customer.
This means that an insurer can adjust a policyholder’s premium to reflect a customer’s lifestyle.
Furthermore, insurance companies are economic development engines in many states, so a lack of political fortitude by regulators could place them in financial hardship.
The countless gatherings and powerful relationships that are developed between insurers and insurance commissioners usually are not in vain. In fact, these relationships build solid foundations and pathways for employment opportunities for former regulators who sometimes resign from their position before their term has been completed.
According to the Center For Public integrity, half of the 109 insurance regulators that resigned from their term obtained an employment opportunity with the industry they used to regulate.
There is no doubt that insurance commissioners were thinking about their future and no one else’s.
At Millin & Millin Attorneys, we understand how horrible it is to be victimized by a corrupt and unjust industry. If you have been the victim of bad faith insurance practices, then let us take the required measures that will help you gain the compensation you deserve. Our attorneys service the McAllen metro area and surrounding Rio Grande Valley cities.
Contact us today for a free case evaluation at (956) 631-5600.
If there isn’t any damage there can’t be any injury right? Wrong!
After a low speed impact collision, your insurance company may associate a lack of damage as an absence of injury. But this isn’t always the case. It is entirely possible for passengers in a auto accident to be injured, especially in soft tissue areas such as the neck and spine.
If these injuries occur and an insurer is involved, the adjuster assigned to the claim will attempt to minimize the compensation received. Unfortunately, this means offering the injured party the lowest amount possible without having to litigate.
A tactic that the adjuster will use might be pointing out the lack of visible damage to the vehicle. This sort of misused logic is a myth, as numerous studies have found that even though there isn’t much damage to a vehicle, it doesn’t mean that injuries haven’t occurred. In a low speed collision, the speed of the vehicles at the time of impact is only one factor that should be analyzed to determine the value of a claim.
One of the reasons that car wreck victims can sustain connective tissue injuries is because bumpers are not designed to crush in low-speed collisions, but are instead intended to minimize proper damages, as regulated by the National Highway Traffic Safety Administration (NHTSA). In fact, the NHTSA specifically mentions that bumpers are “not a safety feature intended to prevent or mitigate injury severity to occupants in the passenger cars.”
Furthermore, when a car is involved in an accident, seat belts will lock in place and cause the occupants’ bodies to thrust forward. While seat belts are great at decreasing injuries, they do inhibit body movement, but not head movement, which means your head can forcefully snap forward and then backwards in what is known as whiplash. Essentially, injured victims cannot brace themselves effectively on impact and their bodies are forced into unusual positions that may cause “soft tissue” trauma.
Car wreck cases exist in a specialized realm of knowledge known as wreck dynamics, which includes physics, biomechanics, biology, and other such fields. Many of the questions surrounding a car wreck and the sustained injuries are affected by scientific principles and only a qualified expert should give an opinion on issues that include:
The specialized knowledge needed to answer these questions is usually outside the realm of common understanding and can easily lead to the jury having to speculate or guess about the answers to these questions. The insurance company may argue that these questions are easily answers, but peer-reviewed scientific studies have debunked this argument.
A set of guidelines developed in the mid-1990’s, and presently used, are known as the MIST protocol and instruct claims adjustors that crashes with minimal damage are unlikely to cause significant damage or personal injury. This training system suggest vehicle damage is tied into injury presence, and that claims of $1000 or less are false
These guidelines recommend that regardless of medical evidence of an injury, these “fraudulent claims” should be remedied without lawful payment to the insured. Many insurers have adopted similar handling processes that focus strictly on the relationship between vehicle property damage and the potential for injury.
Regardless of medical evidence of injury, insurers may attempt to approach a claim through “common sense” assumptions rather than a scientific proof.
Insurance companies may try to use the myth of no damage equals no injury in hopes of getting you too frustrated to fight with them and thus accepting their low offer. That’s why it’s important to remember the truth that there is no scientific evidence or study that support the industry’s hypothesis based on this myth.
Instead, if you are injured, even in a small fender-bender, make sure you get medical treatment immediately. Medical records that prove you sought treatment and the doctor’s diagnosis of your injuries will prove to be vital in rebuffing insurance adjusters. You’ll also need to follow your doctor’s treatment plan, keep appointments, and maintain an organized file of medical records to show you followed the treatment.
If after several attempts to rectify the issue and negotiate a claim effectively, the insurance company continues to act in a malicious manner, contact Millin & Millin PLLC immediately at 956-631-5600.
Bad faith lawsuits can be complicated, but our experienced lawyers have the know-how to deal with any insurance company – big or small.
In life, one thing that is guaranteed and cannot be avoided is change, and it sometimes comes as a surprise whether one likes it or not. But there are two types of change: those that we embrace and the ones that negatively affect our well being. So, what do you do when life throws you a curveball?
Perhaps you were in an accident that caused severe injuries, or you were a victim of catastrophic loss, in which your property and belongings were destroyed. The most reasonable response would be turning to your insurance company to obtain the necessary compensation.
After all, you are only seeking the financial help that rightfully belongs to you as a policyholder. While for the most part, there are plenty of devoted and loyal insurance companies who care about seeing you back on your feet after a life changing event, not all insurance companies have your best interest in mind.
Acts of bad faith happen all the time, but you do not have to be a victim. If you or a loved one are struggling to obtain fair compensation after an accident or unexpected event, contact Millin & Millin PLLC today. Our reputation and impeccable knowledge in civil litigation has helped many individuals take advantage of their legal rights.
How do you know if your insurance company is acting in bad faith?
Below are a few examples of insurance bad acts:
An insurance bad faith results in deeper loss for the company when the insurer fails to provide the claimant what he or she deserves by law. In one bad faith case, there was a man who was struck by a truck as he raked the leaves of his front yard.
Apparently, the driver had jumped the curb and hit the man. The injured individual was rushed to the hospital where he was diagnosed with a broken neck, brain hemorrhages, and a herniated disk.
Weeks after the incident, the man received minimal compensation from the driver’s insurance company and so decided to file a claim right after.
The insurance company was required to pay him $100,000 in underinsured motorist coverage. After his claim was ignored and unfairly denied, the man sued the insurance company and received $8.2 million in damages.
Those who do not have to worry about whether they must pay taxes on bad faith litigation recoveries are those who are granted compensatory damages for physical injuries or physical sickness.
Individuals who are not adequately compensated or whose health has worsened because of an insurance company’s failure to provide appropriate compensation are usually exempt from paying taxes.
However, one key element to take into consideration is to understand who paid the premiums on the insurance policy. If your employer paid the premium than you are subject to taxation.
The team at Millin & Millin PLLC is ready to advocate for your legal rights. We have helped a multitude of individuals from all around the Rio Grande Valley deal with bad faith insurance claims. Contact us today for a free case evaluation at (956) 631-5600.
“Know what to look for to avoid claim denials.”
Dealing with a major illness is enough stress as it is. There’s no reason any one should add to your burdens, but sometimes insurance companies can make it downright difficult in helping you get the resolution you need by denying your claim and leaving you with a large medical bill on your hands.
However, it’s still very important that you understand the reason for the denial so that you can take the necessary steps to appeal the decision. While there is always the slim chance that the denial was simply an insurance company error, the likelihood is far greater that you were denied coverage for a number of reasons - especially if this was your first submission.
The attorneys at Millin & Millin PLLC want you to know that you do have the legal right to appeal the insurer’s decision, as well as request the support of an experienced and dedicated legal team that knows how to deal with bad faith insurance practices.
What is important to know about the appeals process is that action must be taken immediately as there is usually a time limit set in place by the insurer - usually about 30 to 40 days after a denial. Make sure that you ask for a written denial from the company (via certified mail) that explains to you the denial details so that you can make an informed decision on what action to take next.
It’s also vital to go into this situation well versed, so we offer you 5 reasons why your insurance company might have denied your claim.
One of the typical reasons for having your claim denied is for receiving services outside of your plan’s provider network. If you received elective or nonemergency care from a provider that was outside of your health maintenance organization (HMO) or exclusive provider organization (EPO), then this means you obtained care from a party that was not in agreement with your insurance company’s terms of payment. In this situation, your health plan may deny the entire claim and make the payment your sole responsibility, or it may require of you to pay a bigger portion of the costs. Contact your insurer to find out more about your HMO’s network of healthcare providers.
Another highly possible reason for the claim denial was that the procedure you received simply was not covered by your insurance policy. It’s going to be your responsibility as the policyholder to know exactly what is and what is not covered in your plan. While it can be easy to make assumptions about certain routine procedures, always double check with the terms of your policy to ensure that the specific treatment you are seeking will be covered by your insurance. If you know that you’ll need a certain form of health care that is currently omitted from your plan, then make the decision to shop for a new policy that will provide you what you need.
Mistakes happen, and hopefully, it was simply an accident in the billing department of your local clinic that caused the mishap. While it can be frustrating to have to deal with these minor inconveniences that turn into seemingly big problems, billing issues can be quickly handled. Something as simple as your provider having outdated insurance information on file can lead to a denial. Issues can also arise from having two policies, such as having coverage through own employer and your spouse’s. If you can’t figure out exactly what the issue is, then have a talk with your doctor’s billing department and try to find out if they accidently coded your claim improperly or excluded some vital information.
Your doctor’s billing department can make mistakes and so can your insurance company. Transcription errors on reports developed by the insurance company can mean denial. A misspelled name. An incorrect birthday. Incorrect procedure codes that are age appropriate can make the claim invalid. Minor data entry errors can definitely snowball into something bigger, but all you have to do is call the patient customer service representative to help get the data problem fixed.
Certain procedures will require preauthorization, which is initiated by a doctor’s request on your behalf. Depending on the given situation, the procedure may be denied by the specialist provider if there is no preauthorization, or you may have the procedure done but the claim is denied afterwards. If the latter should take place, then ask your doctor to contact your insurance company and explain to them that a referral/preauthorization did occur. This is essential because if the insurance carrier does not have the valid referral number, the claim with be denied until the referral is provided.
After making timely payments on your premium, it can be a shocking discovery to find out that your health insurance claim has been denied. Sadly, insurance companies aren’t always looking out for your best interest, and that’s why you’ll want a legal team that will.
The Millin & Millin PLLC attorneys are fully aware of the dubious nature of insurance companies and so we strive to provide clients with the most reliable legal consultation to help ensure that you get the rightful benefits you are owed.
While it’s important to anticipate some of the common causes of rejected health insurance, if your insurer continues to practice bad faith, then give the Millin & Millin team a call at (956) 631-5600 and we’ll make sure you don’t have to deal with their tactics again.
If you are having to file an insurance claim, it’s likely due to the fact that you have just suffered through a terrible event. Having to deal with the unscrupulous tactics of an insurance company is the last thing you need on your plate during this time.
Luckily, there are steps that you can take to help you avoid the frustration of dealing with purposely dragging insurance companies. You can also depend on the responsiveness of the Millin & Millin legal team. Our dedication to justice and results means you get the support you need when seeking your rightful compensation from deceitful insurers.
On top of having Millin & Millin as your advocates when dealing with bad faith tactics, we also recommend utilizing technology to help you work through the claims process. Web tools, insurer apps, and even smart-phone cameras can be vital resources to help you gather evidence, prepare a claim, and submit information to help support your case.
Unfortunately, even when following the appropriate measures to ensure a successful - fully paid claim - your insurer may still attempt to pay you less than what is rightfully yours. Fight back with these tips.
With today’s technology, you no longer have to physically write down everything you own. Nowadays, you can just utilize the camera on your smartphone or tablet to take video of all your possessions, as well as details about your home and its architecture.
You’ll want to take as many pictures as possible, as well as note down any attention grabbing details about your home. The more information you have on hand, the easier it will be for you to recall the particulars should you file a claim at some point.
If you should experience a house-damaging event, then photograph the source of the damage. After taking the necessary steps in gathering information (i.e. pictures and video) then go ahead and do what you must to prevent further damage. However, do not commence with cleanup or repairs until the insurance adjuster has visited you.
When the claims process begins, remember that insurer apps can make sending pictures and other records to the company much more efficient, so take advantage of these options. Also, keep in contact with the adjuster frequently (once a week) by phone or email. During the repairs process, keep receipts for any expenses you paid for as a direct result of having of the damage occur (i.e. supplies used to help contain the damage).
Be aware that filing a small claim may cause a rate increase, so if possible, fix the issue yourself to avoid having a higher premium.
Fighting back: If your insurer continues to hassle you over miniscule or irrelevant details during the claims process then get in contact with your state insurance department. There are usually free services that the department offers that will help you through the claims process and help to ensure you get the legal compensation you’re entitled to under your policy.
Car accidents happen in an instant, but the effects can be felt for a lifetime. Though the stress of being an involved in an accident can make it challenging to gather all the information needed for an insurance claim, try and remain calm.
It’s essential that you do NOT simply exchange insurance and contact information with the other driver(s), but that you also take pictures of the incident. Take photos of the damage to your car, the damage to other cars involved, the accident scene, weather conditions, license plates, registration and insurance cards. If possible, get contact information from witnesses for future purposes. When police arrive and create an accident report, get the report number and a copy of the forms.
When all vital information has been gathered, contact your insurer.
You can generally use any repair shop to get your car fixed, but following the insurer’s recommendations may help to expedite the process.
Fighting back: If the chosen body shop claims that the repairs will cost more than the appraiser says, provide the shop’s estimate to your insurer. There may be differences in costs because of policy specifics, but in these scenarios you have the right to get an independent appraisal. Recruiting an independent party to your case may help you to settle the claim closer to what you feel is fitting.
If your insurer claims that the car is totaled, but value it at a significantly lower price than anticipated, then do some investigation into the selling prices of used cars with similar conditions as your own. You can also ask for the reasoning behind the lower payout. If you feel like the payment is still too low, contact your state insurance department.
Health insurance claims can be an exhausting experience because of a third party - your health care provider. During the purchasing phase of health insurance try and get a clear understanding of what exactly a policy will and will not cover - as well as service requirement specifications. For example, is pre-approval needed to obtain services at certain facilities?
Also, pay attention for out-of-pocket costs for an out-of-network provider. These charges tend to be higher than with in-network providers and processing them may be burdensome because the out-of-network provider has not set up a claims link with the insurer. Make sure to call your insurer with any questions you may have about out-of-network coverage and to take detailed notes of the conversation including date, time, the person you spoke with, and conversation points.
When making a claim, compare the doctor’s bill with the insurer’s explanation of benefits (EOB). Also, be aware that the doctor’s office may have sent you a bill prior to filing a claim with the insurer, so do not pay until you have received the EOB.
Fighting back: Claim denials may just be related to administrative problems, and occur for a number of reasons including the insurer needing additional information from the doctor or a mistake in the billing coding. It is highly recommended that you avoid simply making repeated phone calls and instead immediately go into the appeal process.
Your state insurance department can once again be of great benefit prior to the appeal. They can provide you guidance and information, especially when dealing with large claims. Make sure you have the proper evidence and documentation from your doctors on why a given procedure was necessary.
If after several attempts to rectify the issue and negotiate a claim effectively, the insurance company continues to act in a malicious manner, contact Millin & Millin PLLC immediately at 956-631-5600. Bad faith lawsuits can be complicated, but our experienced lawyers have the know-how to deal with any insurance company – big or small.
If after several attempts to rectify the issue and negotiate a claim effectively, the insurance company continues to act in a malicious manner, contact Millin & Millin PLLC immediately at 956-631-5600. Bad faith lawsuits can be complicated, but our experienced lawyers have the know-how to deal with any insurance company – big or small.
Lindsay Diaz lost her duplex home in Rowlett, Texas when Seagoville based Billy L Nabors Demolition mistakenly tore down the house following a rash of deadly tornados in late December 2015.
Unfortunately, individuals who have suffered damage to their home or property because of a negligent act by a business or corporation often encounter difficulty in seeking just compensation in their dispute with the offending party. Many businesses will engage in bad faith behavior to avoid liability for their actions. When a company commits a wrongful act against your property, you’ll want a law firm that is willing to fight for your legal rights. Millin & Millin, PLLC has the attorneys that are committed to making sure when you or your property are hurt by business wrongdoings, the company is held responsible.
According to the lawsuit filed by Diaz, the demolition company whose slogan is “We could wreck the world” - failed to perform due diligence when they erroneously drove to her duplex at 7601 and 7603 Calypso Drive, rather than their actual target home, which was located at 7601 Cousteau Driver.
The houses, which were a mere block away from one another, had both suffered tornado damage. Diaz, however, had not sought to have hers demolished and was actually anticipating fixing the building, but was simply waiting on a FEMA estimate before commencing with repairs. Diaz had even submitted a permit to rebuild, but then received that fateful phone call. Unfortunately, her plans had been completely rendered moot.
The chief executive of Nabors Demolition, George Gomez, claimed that the demolition crew was mistakenly sent to the wrong house because of a Google Maps error. At the time, the company crew was certain they had arrived at the right home and were confident they had torn down the correct structure until they were notified of their mistake.
It is purported that Gomez initially told one local news outlet that the demolition was “not a big deal” and that the company’s insurer would handle the situation. The statement began to circulate online, during which Diaz attempted to contact Nabors, but was unable to get in contact with the company.
It wasn’t until after thousands of residents responded to the story on Facebook, and after an influx of negative media coverage, the Diaz said the demolition company finally reached out to her to offer an apology. Diaz is quoted as saying, “I sat down with them and we spoke with them and they sincerely apologized. They promised to help and to make it right.”
However, since that conversation, Diaz has filed suit alleging that attorneys for Nabors have failed to agree to a full settlement for the mistaken demolition.
The lawyer representing Diaz added that Nabors Demolition also damaged the foundation of the property and have thus added to Diaz’s rebuilding costs. Furthermore, because the insurance repair estimates were based on the original damage the house sustained by the tornado, Diaz is now being forced to cover the total cost of rebuilding.
The legal representative of Diaz in her lawsuit against the company stated that Nabors were absolutely negligent in their failure to ensure that Diaz’s duplex was the correct home prior to initiating the demolition. “If you’re in a business of demolition, especially of homes, you need to have more due diligence. I think it was gross negligence. I think they should have taken additional step to make sure they were tearing down the right home.”
Regardless of the type of claim, the size of the case, or the subject of litigation, our lawyers have represented plaintiffs fighting for justice against all size of defendants. The attorneys at Millin & Millin, PLLC understand that those in need of legal representation are seeking qualified, excellent, and efficient lawyers. That’s exactly what our firm brings to the table.
Reach us at 956-631-5600 or contact us here to get the legal ability and dedication you deserve.
As originally found in the Daily Report Online, a federal judge ordered Nationwide Mutual Insurance Co. to pay more than $8.1M to the family of an auto accident victim. A jury determined that the insurer acted in bad faith by denying a claim for the death of the deceased woman, Stacey Camacho, who lost her life to a drunk driver.
More than $5.7 million of the total sum was awarded in a 2009 trial against the negligent party, and as of the the most recent trial, the court has still yet to determine an awarding for attorney fees because Nationwide did not settle in 2011 for $4.5 million.
This lawsuit, which took place in Georgia, was affected by the state’s offer judgment statute which asserts that the party that declines a settlement offer, and then losses in trial by at least 25 percent more than the rejected offer, can be forced to pay for the other party’s attorney fees. The representatives of the plaintiffs noted that this large amount was caused by Nationwide’s bad faith practices and would have only been $100,000 had they agreed to pay on the policy limit rather than insisting upon additional conditions.
Though every lawsuit has its own set of circumstances, and not every settlement ends in the millions, it’s still important to recognize that regardless of the size of the insurance company, if they are acting in bad faith, then there are lawyers who are willing to help you fight for the justice you deserve. Million & Million, PLLC are those lawyers. Our experience with bad faith practices and lawsuits means we can help you recover the monies that are rightfully yours.
In the underlying case, the 25-year-old mother died as a result of Seung Park slamming his commercial van in Camacho’s Toyota Tercel in 2005. The mother, who was driving with her 2-year-old son at the time, suffered fatal injuries and passed away the following day.
Park was sentenced to seven years in prison and five on parole after pleading guilty to vehicular homicide.
After the accident, Camacho’s husband and mother/executor retained a lawyer, who sent Nationwide a time-limited, 10-day demand for Park’s $100,000 policy limit, as well as an offer to shield Park from any personal liability from other claims aside from other insurance coverage available to the Camacho family. Nationwide rejected the offer and responded that they would only pay if the family supplied a general release which would force them to repay the insurer if other claims were made.
In 2011, after several years of litigation and an initial award of $5.85 million, the family retained new counsel (as their lawyers in the state case were potential witnesses) and pursued the bad faith lawsuit.
The pretrial defense filing reasoned that Nationwide had challenged the lawsuit on various grounds, including Park’s negligence as the proximate cause of the damages against him and that the family’s initial lawyer was attempting to instigate a bad faith claim by demanding specific type of releases in order to push the insurer beyond the 10-day demand letter deadline.
The defense team also claimed that the bad faith claim was a tort and that the case was truly about a breach of contract.
The plaintiff’s legal representatives said there was little discussion aside from a $500,000 offer from Nationwide shortly prior to the trial that was declined.
During the trial, the jury had to decide whether Nationwide acted in bad faith or negligently, with damages to be determined at a later date. Because of the intricacies of insurance laws, the plaintiff’s lawyers noted that they were challenged by the need to educate the jury about the processes and procedures of the insurance system and how they play out in a lawsuit.
After litigation that lasted a little over one week, the jury found for the plaintiffs.
The presiding judge noted that Nationwide’s claims adjuster had admitted to the handling of the initial demand letter as “not in line with industry custom and practice” and that “there was certain evidence from which the jury could infer that the plaintiffs were being jacked around in their settlement negotiations giving Nationwide’s conduct the flavor of bad faith.”
In total, the family was awarded $5,730,000, which was the amount of the state court judgment, plus what was at the time of entry, $2,405,873 in interest.
If you are experiencing similar difficulties with your insurance company, then find some relief in knowing that Millin & Millin, PLLC is here to help. We have a track record of going up against the big bad wolf insurance companies and successfully getting fair compensation for our clients. Schedule an appointment today in our McAllen office to find out how we can help you with your claim.
