Archive for the ‘Firm News’ Category

What are the Consequences of Insurance Bad Faith?

Monday, February 13th, 2012

You may not be aware of the term “insurance bad faith,” unless you have actually been unfortunate enough to have experienced it. Unfortunately, insurance bad faith is more common than you would expect and occurs when an individual purchases and faithfully pays each month for a policy meant to offer financial protection in the event of an accident. We expect that, by paying our premiums and meeting our end of the obligation, should an accident occur we will be fully covered by our insurance company. These beliefs are furthered by the plethora of insurance commercials which you will see any time you turn on the television. In those commercials there is always a kind and understanding person on the other end of the phone who promises to take care of your injuries and damages following your collision—then actually follows through.

Remember, that the goal of these commercials is to entice you to go with one insurance company or another, however the customer service and payout after you write your check could be another matter entirely. Any time an insurance company either denies a rightful claim or offers a lowball settlement figure, they are acting outside the promises they made when they sold you the insurance policy and this is known as bad faith. The legal definition for bad faith centers around intentional dishonesty, the refusal to fulfill a legal obligation or misleading a person by entering into an agreement with no intention of complying with the terms. This failure of the insurance company to comply with their stated obligations can cause damages to the insured which can be in the form of economic damages or even emotional distress.

The Expectation of a Fair Settlement

Our expectation of having faith in a company who has promised to help us out in the event of an accident is deeply ingrained in our society, and has resulted in specific bad faith statutes which directly address insurance bad faith. It is not absolutely necessary to prove fraudulence when a legitimate claim is refused, only a dishonest purpose or breach of an established duty because of a motive of self-interest. The motive of self-interest is most often a financial one in the case of large insurance companies. Insurance companies have an absolute obligation to conduct a full, thorough and absolutely fair and objective investigation on each and every claim. When they fail to meet that obligation, you as a consumer may have a legitimate bad faith lawsuit.

Why You Need an Attorney for a Bad Faith Lawsuit

While you will almost certainly require the skills of a knowledgeable attorney in order to handle a case of insurance bad faith, in truth not all attorneys have the skills and resources necessary to handle these bad faith cases. Insurance bad faith is a rather specialized legal area, full of a century of case precedent as well as complicated statutes and which are quite different from typical personal injury cases. Insurance bad faith cases may center around misconduct by specific insurance company employees as well as punitive damages. There are special pleading requirements involved, and expert testimony will likely be required in cases of insurance bad faith. A highly skilled attorney can ensure that your insurance carrier makes the payments to you as promised, and, if applicable in your case, can also file for punitive damages against your insurance carrier for the levels of stress and trauma caused when your original claim was denied.

Where You are Most Likely to Have an Automobile Accident

Monday, December 26th, 2011

The majority of car collisions occur close to home, with only approximately one percent happening more than fifty miles from home. Of course this statistic makes more sense when you remember that most of our driving takes place close to our homes. We go to work, we take the children to school, we go to the grocery store, to church, to the movies and to visit our friends, and all of these driving trips are generally within a few miles of our home. This means that of the over six million car accidents which occur every year in the United States, less than 60,000 of those happen more than fifty miles from home.

Driver Behaviors Responsible for Accidents

Most accidents could be avoided if the drivers behaved in a more responsible manner. Over a third of all accident fatalities are attributable to drinking while driving, another third are the result of drivers exceeding the speed limit, and the final third are due to reckless driving.  The driver of the vehicle is the person in the car who generally suffers the most injuries or even death, followed by the passengers in the car, pedestrians and cyclists. Even with all the information on seat belt safety as well as the current seat belt laws, almost half of the persons who are killed in car accidents were not wearing their safety belt at the time of the accident. Distracted driving is a huge contributor in car accidents, with distractions falling under cell phone use, talking to passengers, eating or drinking or playing with the radio.

Places Auto Accidents Occur Most

Residential neighborhoods tend to be an area where auto accidents happen. Although you would assume that a residential neighborhood would be quiet with few problems, drivers must be alert and aware that there are reduced speed limits as well as children playing in the streets. Parked cars can be a hazard to drivers as well as pedestrians who can come out of nowhere.

Parking lots are another common place for accidents to occur. It’s easy to get distracted when backing out of a parking space and find yourself colliding with a vehicle which could be traveling much too fast for the situation. You must pay extra-special attention to pedestrians and parked cars in order to avoid a potentially serious accident. Many accidents occur in construction zones, especially when drivers do not pay heed to reduced speed limits.

Most Dangerous Cities for Accidents

A CNBC study found San Bernardino, California to be one of the most unsafe cities in the U.S. based on deaths resulting from auto collisions however other studies place Washington D.C. at the top of the list. In fact, the nation’s capital has garnered the top spot in many studies regarding the number of auto accidents.  Following San Bernardino, CNBC’s list adds other cities such as Little Rock, Salt Lake City, Jacksonville and Oklahoma City to the dangerous cities list. Surprisingly, Los Angeles, California escaped the most dangerous cities list and, in fact, San Bernardino was the only California city to receive this dubious honor.

Time of Year Most Common for Accidents

As far as time of the year, August appears to win the prize for being the month with the most automobile accidents, for reasons no one can clearly define. It is possible that many families are taking their final trip of the summer before school starts for the year, and because there are so many more travelers on the highways, the accident risk increases.

Whether you’ve been involved in an accident in August, close to your home or far away, in a residential neighborhood or a parking lot, in Washington D.C., San Bernardino or any other city in the nation, discussing the circumstances of your case with a knowledgeable personal injury attorney can determine whether you have a good case for recovery or not. An experienced attorney can protect your rights and guide you through the complexities of the legal system as well as ensuring you get the maximum settlement for your injuries.

Welcome To Our Law Blog

Monday, December 5th, 2011

Looking Out for Your Best Interests

I established The Law Office of Michael J. Joshi in Lenexa, Kansas, in 1996 to help injured, disabled and wronged individuals in Kansas and Missouri. I represent individuals in workers’ compensation, personal injury, wrongful death, professional malpractice, Social Security disability and retaliatory discharge cases.

Focused on Results

My name is Michael J. Joshi and I work to protect the rights of the “little guy” in the following areas: personal injury, workers’ compensation, Social Security disability and employment discrimination.

  • Personal injury — I seek fair compensation for people who have been injured in various ways, including auto accidents, truck accidents, by medical or professional malpractice, by defective products and more. We can also discuss your medical treatment to see that you get appropriate care.
  • Workers’ compensation — I help Kansas and Missouri workers who have been injured on the job. Workers’ compensation laws change, and often not in the workers’ best interests. With help from an experienced lawyer, you can ensure your rights are protected.
  • Social Security disability — I represent claimants at all stages of the claims process, from initial applications and reconsideration for benefits, to hearings and appeals.
  • Employment discrimination — Have you been fired in retaliation for filing a workers’ compensation claim? Or for reporting illegal activity or conduct by your employer? Employers cannot retaliate against you for these activities. I can help you through the workers’ compensation and legal processes in order to get the justice you deserve.

Contact Me for Real Answers to Your Legal Problems

Please call locally at 913-227-0100 , toll free at 877-227-8456 or e-mail me for your free consultation.