Various bases for malpractice actions against attorneys are available including: (1) negligence or legal malpractice, (2) breach of fiduciary duty, (3) violations of state or federal statutes, (4) common law fraud, or (5) breach of contract. Both suits by clients and suits by non-clients may be permissible. Lawyers' Malpractice Insurance policies (also known as lawyers' professional liability policies) are not all created equal. There is no standard policy form for legal malpractice insurance. Therefore, important policy provisions can vary substantially from one insurance company to another. When comparing the policies offered by different insurers, you should pay special attention to the following policy provisions: • Electronic Media Coverage Most law firms use electronic media to conduct business. This coverage can respond for misdirection of email or other media such as intranet, extranet or internet connection, or loss of client information transmitted via electronic media, or unintentional spread of a computer virus into or enabling a denial of service attack on a third party computer or network, or unintentional unauthorized access, or personal injury arising from the use of electronic media such as a web site or social media. • First Party Cyber Liability Coverage Some insurers will reimburse the insured for up to $25,000 for the cost of hiring a third party to mitigate the potential of legal liability claims arising from any security breach that results in the loss or theft of confidential client information. • Deceptive Trade Practices Acts (DTPA) Coverage In some jurisdictions DTPA coverage is important. Lawyers may still be liable for certain actions under DTPA type statutes. Misrepresentations by an attorney are still actionable under some DTPA statutes. Note some legal malpractice policies do not cover all DTPA damages such as the multiplied portion of treble damages. • Punitive and Exemplary Damages Coverage Many legal malpractice policies specifically exclude punitive and exemplary damages. It would be preferable to have a policy that would provide coverage where permitted by law. • Innocent Partner Protection Criminal, dishonest or fraudulent acts by a lawyer are excluded from coverage by all policies. Via an exception to the exclusion any other innocent lawyer insured under the policy that neither participated nor acquiesced in such acts may benefit from coverage. • Deductibles - Per Claim v. Aggregate and First Dollar Defense or Loss Only With a "per claim" deductible, each claim against you during a policy year subjects you to a new deductible. Some policies have "aggregate" deductibles so an insured would not be charged more than one deductible per policy year. Another feature available is first dollar defense within the deductible. • Alternative Dispute Resolution (ADR) Some insurers will waive a percent of the deductible (e.g., 50%) or may even waive the entire deductible if ADR is used to settle a claim. • Hammer Clause A "hammer clause" provides if the insurance company wants to settle a claim but the insured does not consent to the settlement, then the policy will only pay the amount for which the insurance company could have settled the claim. In effect, coverage for the claim is reduced to the settlement demand. It would be preferable to have more favorable consent to settle provision. • Loss of Earnings Time spent defending a malpractice claim means a loss of revenue to you. Some legal malpractice policies may provide you with expense reimbursement/trial attendance coverage in the $500-$750 range for each day you are out of the office for trial, mediation, arbitration or your own deposition in defending a claim under the policy. • Disciplinary Proceedings Some legal malpractice policies will allow coverage for up to $25,000 or $50,000 for defense costs incurred to respond to disciplinary proceedings. This may be an additional limit and not subject to the deductible. • Other Coverage Options Some other coverage options available may include: 1. Predecessor firm coverage 2. Career coverage 3. Lateral hire coverage 4. Extended reporting periods (ERPs) for non-practicing, retirement or disability Since legal malpractice insurance policies are not the same, it is important to have a knowledgeable, independent insurance agent to help you obtain competitive quotes. Broadness of coverage, premium cost, financial solvency and service levels should be the main criteria for your decision making. If involved in an accident, you need to first of all talk with a motorcycle accident lawyer before agreeing to an arrangement coming from an insurance company. Mishaps concerning motorcycles cause massive physical, mental shock and debilitating injuries and can have an undesirable impact on the basic way of life of the immediate family members. An experienced motorcycle accident lawyer will inform the victim to have a written record of the health-related bills related to the automobile accident. These paperwork can increase the victim's credibility and enhance their odds of getting a reasonable solution. Motorbike mishaps take place not just as a result of driver's negligence but because of other factors like a missing road signal or due to a malfunctioning traffic light. A lot of these threats exist when the city or local government won't hold up their end of the legal bargain. There are points that may be observed to help decrease the odds of having an accident. Safe riding comes in various forms. Many are decisions the driver can make on the road, and some are decisions he or she makes just before he sits on a bike for the first time. Having to take a training course is definitely crucial for any novice, and a plus for experienced motorcyclists. Newbies study everything from starting up a bike, to proper and safe turning and driving. Skilled riders can benefit from learning more advanced methods. Both group could even see benefits from accreditation in these courses with insurance discounts. Novices would want to keep in mind the particular bike they will choose. Usually, a bike with a smaller sized engine is much more suited to users who are less experienced. It's crucial for you to ensure that the size of your bike is suitable to your power and weight, because a rider outmatched by their motorbike is just creating trouble for themselves. A rider should always be sure that he's wearing both a helmet, plus a tough and comfy clothing that can help limit his injuries in an automobile accident. This includes boots, pads and leather-based jackets. A good motorcycle rider should always observe traffic laws. Running traffic signs, speeding or driving in a hostile manner will only put the motorist in harm's way. Even worse, most people may see the motorcycle driver as a danger or irritation and drive offensively against him. If driving intoxicated in a car seems hazardous, the dangers are only increased by the fact that motorcycle drivers are responsible for balancing their vehicles. If the driver has adhered to every one of the safety measures, but nevertheless became a victim of a motorbike accident, he ought to contact a motorcycle accident lawyer. Insurance providers often times like to divide the liability between the motorcyclist and the at-fault party; even though the biker may have had practically nothing to do with the root cause of the automobile accident. Working with insurance providers after a motorbike accident can be quite challenging. That's the reason it would be far better for any motorcycle crash victim to employ an experienced lawyer to raise his odds of getting a claim.
Have you recently been injured in a car accident? Have you been the victim of another person's malicious actions? If so, you will need the invaluable assistance of a personal injury lawyer. There are numerous benefits to hiring an attorney who specializes in legal issues of this type. A personal injury lawyer has been highly trained. Many people have been misled to believe all an attorney really does is offer confusing information and send you a bill. But that's untrue. Did you know even though you may have suffered physically, emotionally or financially due to your accident, you may not even be entitled to compensation? As a crackdown on insurance fraud, many states won't ordain compensation laws if there is even the slightest indication you may have been at fault or instigated the issue. Another area a personal injury lawyer will be knowledgeable about is what claims you are entitled to. Not having been trained, most likely, in legal matters, you may not even realize there are some claims that fall into this category. Effective communication with insurance companies is another benefit. Unfortunately, some insurance companies will willingly try to misrepresent legal issues. They may try to convince you that you aren't entitled to compensation to which you may really be in order to avoid payment. Plus, an attorney will be able to get you exactly what you're entitled to plus more if state laws allow for additional compensation. Working on your own with an insurance adjuster may limit your ability to receive all you should. You benefit by a personal injury lawyer knowing if state laws entitle you to more compensation for your injuries than is apparent. These attorneys will readily know what value your case has. Along with their knowledge, their experience handling many cases has given them the inside track to what each assault is worth monetarily. Their experience also allows them to know what facts are crucial to get you the highest compensation. Court experience is another invaluable asset. Most insurance companies know that if you represent your own claim, there's a good chance you may not ever go to court. This is great for them because a court decision may make them pay more than they want to. Remember, an attorney will be working to represent you and help you receive the highest amount of compensation possible. When you are facing an accident claim of any kind, your goal should be to bring the most value to your case as possible. A way to do this is to hire a personal injury lawyer. Insurance adjusters will often offer a claimant more compensation when an attorney is representing you. Sometimes the increase in compensation may balance out the amount you'll have to pay the attorney for their help. It's also true, sometimes, that due to their experience and training, an attorney's fees can be met and you'll still have plenty of compensation funds in your pocket. Why not hire one today? Why not just forgo a lawyer and handle the lawsuit yourself? This guide explains when you need a lawyer and why. The old story is that of lawyers handing out cards in hospitals and chasing down ambulances, looking for someone to sue. However, an experienced lawyer doesn't have to resort to such tactics, because a good lawyer in any profession protects your rights. In personal injury cases, compensation is needed to protect those rights. With the following guide, you'll know not only when you need a lawyer, but where to find one and what he or she will do. Major Injury Many do not consider their case worth pursuing, even with an injury. There doesn't have to be a death in order to get a lawsuit. If you suffer an injury which has affects lasting a year or more, you always need legal representation. No Work if you cannot work at your same job for a long time or never again, that hurts in many ways. You may have spent years learning the job or in school so you can get it. Psychologically, it can lead to depression. If you cannot work the same job or any job for a long time or ever again, you need a lawyer. Insurance Problems If an insurance company is not being forthright in getting you proper damages for things like medical costs, emotional issues, pain and suffering, and/or loss of work, hiring a lawyer can change the game entirely. Medical Malpractice Medical malpractice is a very serious issue and almost always calls for legal counsel. Even if the hospital is offering you a settlement, the damages may call for more compensation than you think. If a major injury occurs, there are many people and institutions who can be at fault, making a lawyer essential. Do you always need a lawyer? If your injury is minor, if you'll be fine in a matter of days, if you suffer no psychological or emotional trauma, use common sense. However, it won't hurt to make a phone call to a lawyer and explain your situation. Where can you find a lawyer? You can find many experienced personal injury lawyers online. This is best because you get to see what amounts to a resume - what they won, who they helped, how long they've been practicing. You might also try your local state bar. How can a lawyer help? A lawyer can literally double or triple the value of your claim. What often happens is you get an initial offer, perhaps one which seems high and fair, and want to take it. The insurance company is hoping you'll do just that. With a lawyer's help, you can get the proper damages. If you have to fight, you want an experienced lawyer to help you win the boxing match.
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