For two decades, Millin & Millin, PLLC has represented hundreds of policyholders in their fight against insurance companies who wrongfully denied or underpaid their commercial property insurance claims. During this time, our firm has litigated claims for business interruption and property damage for hotels, retail centers, churches, office buildings, warehouses, and public schools all over the country.
Due to the government’s decision to issue shelter-in-place orders because of the COVID-19 virus, we know that many business owners are suffering tremendous losses in revenue. While many have coverage for business interruption and orders issued by a civil authority, we expect the industry to attempt to avoid paying trillions of dollars in legitimate claims. Insurance agents and adjusters will tell you that your building must sustain “direct physical loss or damage” before coverage is triggered, but we know this is not always the case.
Simply put, insurers will save themselves money by issuing a broad range of wrongful denials, and they will eventually settle the relatively small proportion of lawsuits filed by policyholders who are willing to fight for what is rightfully their money. Millin & Millin, PLLC is uniquely qualified to represent consumers like you in this battle. Call or email us today so that we can conduct a free review of your policy and provide you with advice you need to make the appropriate decision for your business during this tumultuous time.
When you have suffered a personal injury accident, it’s logical that the first step you will want to take is to call your insurance company. Naturally, you’ll want to start the process of having your insurer take care of you - and that makes total sense.
The problem is, your insurance company may start to act in bad faith, failing to provide you the benefits you are owed or pressuring you to agree to a settlement for less than you deserve.
Suffering an accident is hard enough, but having to deal with an insurance company on top of that can be completely overwhelming. Thankfully, you don’t have to go at it alone.
An insurance attorney can make sure your insurance provider isn’t trying to take advantage of you and can negotiate on your behalf. If you’re feeling overwhelmed after a personal injury accident, contact Millin & Millin today.
Even when insurance companies don’t outwardly act in bad faith, they still may try to have you agree to a settlement for less than you deserve. Insurance companies stay in business by keeping payouts low, so they may challenge your description of the incident or ask you to jump through hoops in order to frustrate you into taking whatever settlement they offer. At times, insurance companies and their adjusters may make unreasonable demands on information to provide them in an attempt to stretch out the duration of your claim, causing you to pass the statute of limitations to complete your claim.
A trustworthy insurance claim lawyer, on the other hand, will always keep your needs first. An attorney familiar with the process of making insurance claims can make sure that everything in your case goes smoothly, providing you the legal guidance you need to avoid any pitfalls.
Insurance companies like to rush claimants into settling quickly in order to keep settlements low. If you sign legally binding documents right away, only to later discover that you were more seriously injured than you thought, you will likely be unable to recover any additional money for medical bills and other costs associated with treatment.
It can also be hard to tell exactly what you’re agreeing to. Insurance companies may try to convince you to sign a full release when you think you’re signing a property damage release. Insurance companies may pressure you into signing medical release forms.
In general, it’s best to check with an attorney before you sign anything from an insurance company.
Speaking of full releases, property damage releases, settlements, negligence, liability, fault — insurance talk can be downright confusing. If you attempt to negotiate with an insurance company on your own, they will use your lack of experience against you.
At times, insurance adjusters will take advantage of the situation and utilize their experience to make the process as intimidating as possible. But a dependable attorney will fight and make sure the insurance company gives you the compensation you deserve.
In most cases, insurance companies record conversations with their clients. Even if you feel you’re having a friendly conversation and feel safe confiding in the adjuster, it’s important to remember that your adjuster works for a billion-dollar company trying to be as profitable as possible.
Just telling the truth can reveal facts that your insurance company has no right to know and no right to ask for. Your best bet is to wait until you have legal guidance on how best to approach the situation or a lawyer who can adequately negotiate on your behalf.
The bottom line is, insurance companies can leave you out to dry if you don’t have legal representation. The insurance process is anything but intuitive, and it should be taken very seriously- especially when it comes to your physical and financial well-being.
While your case may seem simple to you, the reality is that many factors can come into play, affecting your ability to secure the benefits that are rightfully yours. On the other hand, if there are other complicating factors you don’t know about, hiring an attorney can mean the difference between getting the compensation you need and not having enough for your medical bills or other financial needs.
Insurance companies may not always act in good faith because they are too concerned with their bottom line.
Your lawyer’s job is to protect you, not a billion-dollar company. The dedicated attorneys at Millin & Millin will do everything in their power to make sure you get the settlement you and your family deserve.
At the beginning of the new year, many people often make resolutions to better themselves. From eating healthier to exercising more, saving money to completing a project, we all make goals for the year.
In 2020, resolve to better protect yourself and your loved ones by performing an annual insurance review. This simple act can save you from a ton of problems should you have to file an insurance claim down the road. By knowing exactly what coverage you have and - perhaps more importantly - what you are missing, you’ll be able to make the right decisions about your insurance needs.
Your insurance claim lawyers at Millin & Millin highly recommend you review your policy at the start of every year with your insurance agent. Here’s why.
If you have coverage for any of your property - including a home or other valuables - you may find that you are actually underinsured because of how property value increases. For instance, if the property value of your home is greater than the cost of when you first bought it, then you may not have enough coverage to rebuild in the event of a catastrophe.
For example, if you paid $150K for your home but over the years its value has increased to $250K, then a lack of coverage could leave you footing the bill on any damages suffered.
When reviewing your insurance policy, you may find the means by which to save yourself a bit on insurance costs, including taking advantage of discounts you weren’t aware of, adding extra coverage at no extra costs, or even taking coverage off of property you no longer have, such as a vehicle you recently sold.
Depending on your insurance provider, you may even be able to lower your premium if you have improved your credit score over the past year, decided to pay an annual premium versus monthly installments, or simply been with the company for a significant amount of time.
Businesses in the United States are expected to have certain policies in place in order to protect employees and clients. Failure to update your coverage can lead to substantial penalties, or even bigger issues, like being sued by another party.
It is much better to be proactive when it comes to your business and seek out adequate coverage so you can protect your business and yourself from financial hardship.
When performing an annual insurance review, there are several questions you will want to ask your insurance agent in order to ensure that you have the protection you need to keep yourself, your family, and your valuables safe.
Start the decade off on the right foot by reviewing your insurance policies. If it’s been some time since you last examined them, you’ll have the opportunity to make adjustments before disaster strikes. This can prove to be absolutely pivotal when making an insurance claim.
Unfortunately, even with the right coverage in place, insurance companies may still act in bad faith. If you are dealing with an insurer who does not want to pay out the coverage that is rightfully owed to you, then do not hesitate to contact the dependable and trustworthy insurance claim lawyers at Millin & Millin. We have the skill, knowledge, and compassion necessary to get you the results you need.
The construction industry can be brutal and the laws affecting it can be very complex to navigate. Unfortunately, when a contract goes south, those involved in the project can end up facing substantial financial losses. Construction business owners, service vendors, construction workers, and all others involved in a given project face serious risks when getting involved in a project.
Thankfully, there are ways to protect yourself and to obtain the compensation that is rightfully yours if something goes wrong.
Your construction law attorneys at Millin & Millin can help you get paid through a mechanic’s lien. Also known as a construction lien or contractor lien, filing a lien against a property can help to ensure that your rights are fully protected and that you obtain what is owed to you.
Our attorneys can effectively represent construction contractors or property owners facing a construction lien dispute.
A lien is a document that certain parties can use as a way to obtain payment for their services rendered. The lien typically documents the amount owed, the party responsible for payment and other vital information regarding property records.
If the debt is not paid on time to the creditor, then the lien can begin to affect the debtor’s credit, as well as their ability to sell or refinance the property, along with other legal issues.
A mechanic’s (or material men’s lien) is a means by which certain parties involved in a construction project can get paid for their work. Mechanic’s liens typically cover labor, materials, supplies and any equipment used to make improvements to a given property. Depending on the specifics of the contract or project, liens can be filed before work begins and then removed once the debtor has met their financial obligation.
Mechanic’s liens can also be filed for work that has already been completed.
A mechanic’s lien can be filed by a wide range of parties who may have been involved in the construction project, either by providing labor, services or materials, including:
While liens do not necessarily force the creditor to pay you immediately, they do create a legal hazard that most property owners do not want to face. Liens against a given property essentially make it difficult for the owner to sell or refinance the property until the lien is paid.
In order for the property owner to use the property effectively, they will want to pay off their creditors to obtain a clear title. Should a debtor fail to pay off what is owed, the creditor can file a lawsuit to force the sale of the property so that they can obtain payment for their services from the selling of said property. With foreclosure being such a real risk, most property owners would rather pay off what is owed.
If there are multiple liens against the same property then Texas law will determine in what order creditors are paid.
There are certain deadlines and important due dates that any individual wanting to file a lien should be aware of. Parties who are contracted directly by the property owner do NOT need to submit a preliminary notice if it is related to a commercial project. For individuals wanting to file a lien on a residential project, then the contractor must file with the county recorder.
In order to file a lien on a commercial project, a general contractor should do so by the 15th day of the 4th month after last month that they provided materials or labor to the project. For parties wanting to file a lien for a residential project, they should do so by the 15th day of the 3rd month from when they last provided materials, labor or services.
When it comes to actually enforcing the lien:
Thankfully, in the state of Texas, parties involved in a construction project have plenty of protection to secure the compensation that is rightfully theirs. However, the process of filing and/or enforcing a lien can be complex without the assistance of a qualified attorney.
If you need support with filing a lien against a party that has failed to pay you what you are owed, do NOT hesitate to seek out the guidance and assistance of the construction law attorneys at Millin & Millin. We want to make sure your business continues to thrive.
The past few years have seen a few devastating hurricanes cause massive amounts of damage to Texas’ coastal region. While we here in the Rio Grande Valley have been fortunate to avoid any catastrophes, the reality is that a major storm can eventually hit our region.
That’s why being prepared this hurricane season is so important.
You not only want to have a plan in order to protect yourself and your loved ones, but you also want to make sure that you have the right insurance coverages in place so that you don’t have to handle the costs of hurricane damages all on your own.
Let the dedicated bad faith insurance claim attorneys of Millin & Millin provide you some tips that can help to minimize any storm damages while also giving you insight into additional insurance policies you may need to purchase.
Before a hurricane or tropical storm hit, you’ll want to take the proper steps to protect your home and property.
a. Inspect your roof for any damages such as leaks, loose or missing shingles, cracks, or other signs of roof damage that could become a major issue should a hurricane strike. Get it fixed as soon as possible.
b. Double check that your windows and doors are properly sealed with caulking.
c. Check your home’s gutters and drains for any damages that can lead to water leaking into your home.
d. Clean up your yard including trimming loose branches and placing loose objects into a storage room or home.
If a storm is definitely going to hit the region, you’ll want to protect your windows by using plywood or having storm shutters installed if possible.
Alongside physically preparing your home for a storm, you’ll want to make sure you have the right insurance coverage.
Many homeowners do not know exactly what their insurance covers and this can lead to a world of financial trouble if they aren’t careful.
Generally speaking, home insurance policies typically do not cover flooding and certain other damages that can occur if you live in an area prone to hurricanes, tropical depressions, or floodings. To ensure you are fully protected, start investigating as to whether or not you will need:
While we hope that our region will be able to avoid any major storms this hurricane season, we also want to ensure that the people of the Rio Grande Valley are fully prepared. Should your home suffer severe damage caused by a storm and you cannot secure the coverage to you, do NOT hesitate to contact the experienced insurance claim attorneys of Millin & Millin.
Workers’ compensation is a form of insurance that allows for employees to seek out wage replacement and medical benefits in the case that they are injured or harmed in any manner while performing their work duties.
Every state has its own conditions and requirements for employees who are attempting to file for these benefits. If you are going to file for workers’ compensation in Texas, you’ll want to review all information available to you on the Texas Department of Insurance website.
You’ll be able to find guidance on how to seek workers compensation as well as the forms necessary to file a claim.
Alongside understanding the process of what to do when attempting to secure workers’ compensation, you’ll also want to know what NOT to do. Your bad faith insurance lawyers at Millin & Millin would like to share a bit of information regarding filing a workers’ compensation claim so that you can begin the process of healing and recovery.
If you wish to receive treatment, compensation, and benefits for your work-related injury, beware these common mistakes.
1. Not knowing if your employer has workers’ compensation insurance.
Although it is required by many states, in Texas, employers have the ability to opt-out of obtaining workers’ compensation, except if they are public employers or if they fall under special categories.
It is necessary for employers who choose not to obtain coverage to notify the Division of Workers’ Compensation (DWC) and to ensure all employees are well-informed about the lack of workers’ compensation. However, employers who fail to obtain workers’ compensation insurance (also known as nonsubscribers), are liable for workplace injuries and illnesses. If sued, nonsubscribing businesses cannot argue that:
Regardless of the circumstances surrounding the injury, you should know whether or not you are protected by workers’ compensation insurance or if you will have to seek out another legal route to obtain compensation for your injury.
2. Reporting your injury too late.
If you have suffered an injury while on the job, you should report the incident to a supervisor or manager immediately. Generally, accident policies - which contain information on who needs to be notified of your injury - can often be found in the company’s employee manual.
If your company does not have an accident policy, it is best to inform multiple parties about what has happened. This includes your manager, supervisor, co-workers, and also those in Human Resources.
Often employees cannot file for workers’ compensation because they failed to notify their employer within an appropriate time frame. The longer you wait to notify your employer, the more challenging it becomes to prove that the injury happened at work and not on your own personal time.
You should be aware that the law generally requires you submit a written notice to your employer within 30 days of the injury. Although this is several weeks worth of time, you should not wait the entire duration as it may raise red flags.
3. Missing the deadline to file a DWC Form-041.
Once you have reported your injury to your employer, the next important action to take is to file a workers’ compensation claim for a work-related injury or occupational disease.
You can file with the DWC online or in person, but you only have a year after the injury to do so. The organization will gather information concerning your work situation, injury, and status. You may then follow up with the Office of Injured Employee Counsel.
Missing the deadline can impact your ability to obtain benefits or how much you can collect. Make sure to file the DWC Form-041 as soon as you report your injury to your employer.
4. Not Receiving Medical Treatment
It is essential that you seek medical treatment for your work-related injury in order to receive compensation or benefits. Failure to describe all work-related injuries or be truthful with any medical professional providing you treatment can harm your claim and ability to secure benefits.
The employer or insurance will generally appoint you to a company medical provider. Even if you choose to get a second opinion, you must attend these initial appointments to assess work-related injuries.
Additionally, if you begin to obtain workers compensation benefits, but fail to attend sessions with appointed medical providers, benefits can be terminated.
Even employers that do have Texas workers’ compensation insurance may try to opt-out of giving you these benefits, try to deny your claim, or act in an unfair manner.
Emergencies happen, whether you have health insurance or not. When a medical emergency happens, seeking medical attention becomes a necessity.
While an emergency room cannot deny you medical services if you do not have insurance or cannot cover the cost, they do retain the right to bill you for services rendered. In this situation, the hospital may issue a hospital lien.
Our experienced bad faith insurance attorneys at Millin & Millin want to shed a little light on what this process is and what rights you have.
Under Texas law, a hospital lien can be issued by a medical care provider when a victim injured by a negligent third-party receives emergency treatment but cannot pay their medical bill because:
The hospital would generally request payment of these medical bills from any compensation recovered from a negligent third-party by the victim.
In accordance with Texas Penal Code 55.002(a), if a hospital treats someone that was injured by a negligent third party and who cannot pay their bills, they are granted the ability to issue out a lien against “a cause of action or claim of an individual who receives hospital services for injuries caused by an accident that is attributed to the negligence of another person.”
Essentially, the lien is attached to a personal injury claim from the person treated by the hospital for emergency medical care within a 72-hour period after the injury occurred. To put it into context, emergency medical services are defined as services used to treat an individual’s perceived need for “immediate medical care and to prevent death or aggravation of physiological or psychological illness or injury.”
After that time period, the lien must be “perfected.” What this means is that a written notice is sent out by the lien holder (in some cases, the hospital) to the patient, the patient’s lawyer, and to the county clerk.
The lien must be paid before any payoff to the injured party takes place.
While all of this seems like a minimal risk to the victim of a personal injury, there have been instances where lien holders have placed liens on a residential property owned by the injured parties.
Typically, this happens when injured parties go to a hospital where they believe their health insurance is accepted. If care is rendered but the insurance does not fully cover the costs associated with the treatment, then a hospital lien may be placed on the home.
It may be likely that the injured party won’t find out until weeks to months later. When this occurs you may not be able to sell, refinance, or transfer your home title until you pay your debt. In situations where you suffered a serious injury or were receiving treatment for a life-threatening illness, these costs can be substantially high.
The state of Texas has a number of laws that restrict the use of liens to force individuals to pay off medical debt. While your debt must still be paid, the Texas homestead exemption rule prevents the forced sale of your home.
If you choose not to, the hospital may have four years from the date when services were rendered to sue you in an effort to collect what is owed.
With the chaos that comes after a personal injury, getting everything sorted out—both in private and in legal terms—can be an overwhelming task. But, thankfully, you do not have to do alone.
Reach out to the insurance claim attorneys that have years of experience. Reach out to Millin & Millin.
Contact us today at (956) 631-5600 to set up your free legal consultation.
