Brain Injury Attorney Blog

To identify the worst insurance companies for consumers, researchers at the American Association for Justice (AAJ) undertook a comprehensive investigation of thousands of court documents, SEC and FBI records, state insurance department investigations and complaints, news accounts from across the country, and the testimony and depositions of former insurance agents and adjusters. The final list includes companies across a range of different insurance fields, including homeowners and auto insurers, health insurers, life insurers and disability insurers.

One company stood out above all others. Allstate's concerted efforts to put profits over policyholders has earned its place as the worst insurance company in America. According to Allstate's CEO, Thomas Wilson, Allstate's mission is clear: "our obligation is to earn a return for our shareholders." Unfortunately, that dedication to shareholders has come at the expense of policyholders. The company that publicly touts its "good hands" approach privately instructs agents to employ a "boxing gloves" strategy against its own policyholders. In the words of former Allstate adjuster Jo Ann Katzman, "we were told to lie by our supervisors--it's tough to look at people and know you're lying."

The Insurance Industry's Wealth

The insurance industry has so much excess cash it may spark a downturn in the industry. According to analysts at Standards & Poor's, U.S. insurers are sitting on too much capital, and will likely endure at least three years of negative performance as a result. The U.S. insurance industry takes in over $1 trillion in premiums annually. It has $3.8 trillion in assets, more than the GDP's of all but two countries in the world, United States and Japan. Over the last 10 years, the property/casualty insurance industry has enjoyed average profits of over $30 billion per year. The life and health side of the insurance industry has averaged another $30 billion. The CEO's of the top 10 property/casualty firms earned an average of $8.9 million in 2007. The CEO's of the top 10 life and health insurance companies earned even more, an average of $9.1 million. And for the entire industry, the median insurance CEO's cash compensation still leads all industries at $1.6 million per year.

Profits Over Policyholders

Some companies have discovered that they can make more money by simply paying out less. As a senior executive at the National Association of Insurance Commissioners (NAIC), the group representing those who are supposed to oversee the industry said, "the bottom line is that insurance companies make money when they don't pay claims." One example is Ethel Adams, a 60-year-old woman left in a coma and seriously injured after a multi-vehicle crash in Washington State. Following her car crash, Ethel's insurance company, Farmers, decided the other driver had acted intentionally and denied her claim, contending that an intentional act is not an accident. Another example is Debra Potter, who for years sold Unum's disability policies until she herself became disabled and had to stop working. All along, Potter thought she was helping people protect their future, but when her own time of need came, she was told her multiple sclerosis was "self-reported" and her claim was denied--by Unum, the very company whose policies she had sold!

In cases like these, and countless others, the name of the game is deny, delay, defend--do anything, in fact, to avoid paying claims. For companies like Allstate, there are corporate training manuals explaining how to avoid payments, portable fridges awarded to adjusters who deny the most claims, and pizza for parties to shred documents.

If you or someone you know has been injured, you may need to speak with a good personal injury lawyer to help you get the compensation you deserve. Call one of the experienced Myrtle Beach personal injury lawyers at The Mace Firm to schedule your free consultation.

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This week, the Birmingham law firm, Hare Wynn Newell & Newton, said the Alabama Supreme Court has upheld a $1.75 million wrongful death jury award versus a Lanier Memorial Hospital for a second and final time. The case was originally filed in 2004 by the family of a woman who died from septic shock and abdominal inflammation while receiving treatment at the hospital. In fact, 16 hours before the woman died, she was ordered to be released even though she had a high white blood cell count.

The firm said this was the "first appellate decision in Alabama upholding the legal principle that a hospital's staff must go up the chain of command to obtain safe care when a doctor has failed to do so." This particular firm has been very successful with wrongful death and injury claims. They recently won an $8 million award from a jury in Kentucky in a nursing home abuse case. The firm was retained by a resident of a nursing home whose injuries were failed to be reported after suffering broken legs while being transfered onto a bed. The firm proved that the nursing home tried to cover up the incident.

The jury awarded "$2 million for the injury, pain and suffering, $1 million for violation of the Kentucky Residents Rights statute, and $5 million in punitive damages to punish the conduct and deter similar conduct in the future."

When filing a wrongful death lawsuit, parties must keep in mind the statute of limitations. Like many types of suits, there is a time frame that must be observed when filing the lawsuit or the opportunity to file the claim is forever lost. The time frame for filing is set by state law. The clock begins to run from the time of the incident or, in some states, from the time the party became aware of, or discovered the injury.

In addition to that, there are restrictions on who may sue for wrongful death. The representative allowed to bring a wrongful death suit is determined by state law. In some states, it may be only a spouse and children. In other states, grandparents or other relatives may also be allowed to file a wrongful death lawsuit. Some states have enacted restrictions on filing when one family member would be suing another family member for the wrongful death of a third family member.

It is best to speak with a good wrongful death attorney in your area if you're considering suing for wrongful death. The Myrtle Beach wrongful death lawyers at The Mace Firm will speak with anyone about their wrongful death suit. Call one of the wrongful death lawyers in Myrtle Beach to set up your free consultation.

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In 2008, over several days, Sedgwick County jail inmate Terry Bruner didn’t eat. He moaned, hacked, vomited, excreted blood, stared into space and ended up in a fetal position in a pile of trash on his cell floor, court documents say. Jail deputies said they didn’t think he was seriously sick. The inmate wrongly suffered without medical care before his death. Apparently, Bruner's death was completely preventable had he received proper medical care. Under jail policy, it’s partly up to inmates to request treatment. But Bruner’s condition made him confused and unable to walk, court documents say. When he got treatment, it was too late.

As this case heads to federal trial in Wichita this week, wrongful death attorneys a prepared to collect damages from the county. The lawsuit is seeking $10 million.

Now, nearly four years after Bruner's death, a jury will decide whether two deputies showed “deliberate indifference” to the inmate's serious medical needs. Or whether, as the defendants argue, he didn’t show serious medical problems. Some jail staff reportedly thought he was mentally ill or faking being sick. The lawsuit alleges that two deputies, Mary Staton and Marque Jameson, disregarded the risk and failed to take reasonable measures to help Bruner at a critical time.

The autopsy conducted after his untimely death revealed Bruner died of actue meningitis, which overwhelmed his body and caused his brain to swell. A court document states that had medical staff provided Bruner with an IV with antibiotics about 6 hours prior to his death, the inmate probably would have survived.

Another wrongful death lawsuit is being filed this month by Janet Davis. According to Davis, a jail in Lexington, Kentucky failed to give her son, Anthony Davis proper medical care which lead to his death. Jail records show that Davis had been evaluated early that morning and that the mental health workers in the jail claimed that he was “manipulating the system.” The records, which have since been partially redacted, also show that his mother called the jail in June and was “distraught.” At one point, jail officials claimed Davis was acting “erratically” and moved him to an a separate united for refusing to follow directions, instead of putting him in the medical unit. He was finally moved to the medical unit in the evening but was found without a pulse two hours later.

If you or someone you know has a wrongful death claim, it will be beneficial to speak with a wrongful death attorney in your area. Call one of the Myrtle Beach wrongful death lawyers at The Mace Firm to schedule your free consultation.

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A Cincinnati-based school bus company paid $5 million this week to settle a wrongful death lawsuit in Missouri where one of the drivers ran over 16 year old Mason Adams. The Missouri case alleged a 23-year-old First Student bus driver failed to defrost or scrape the bus’ windshield and then drove the bus over a 16-year-old who was legally crossing the street on November 15, 2010. The wrongful death lawsuit was filed by the teen's mother, Bridgett Blasi because First Student, who has a contract with Cincinnati Public Schools to transport students, refused to admit its role in her son's death.

“What Ms. Blasi has been seeking for over a year was an apology and acknowledgment of responsibility from First Student,” said Blasi’s wrongful death attorney, Michael Kuckelman. The case was ready to go to trial on Monday, Kuckelman said, but that ended when First Student agreed to pay Blasi a $5 million settlement, to apologize, admit the company’s role in her son’s death and allow her to help its drivers learn from this case.

The bus' video showed the entire incident and revealed that the driver failed to properly defrost the windshield which resulted in the driver's inability to see the teen crossing the street in a crosswalk legally with the traffic light.

“First Student has agreed that the mother will have the opportunity to participate in training bus drivers to being a first-hand account of how people suffer from a company cutting corners,” her wrongful death lawyer said.

Defective vehicles and negligent driving behavior account for thousands of accidents and injuries each year. When someone dies as a result of another party's negligence, it may be grounds for a wrongful death lawsuit. Below are some of the most common types of accidents and injuries leading to wrongful deaths. If you or someone you know has a wrongful death case, you will need to speak with an experienced wrongful death attorney. Call one of the Myrtle Beach wrongful death lawyers to schedule a consultation.

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