Have you ever been sued? Did a process server or sheriff stop by and hand you papers notifying you that you were a defendant in a lawsuit? Most people think it will never happen to them. But it can, and it has happened to a lot of responsible and upstanding citizens. The one thing I will assure you is that you cannot ignore the situation — especially if you do not owe the debt, or you know you did nothing wrong.
But what happens if you get a traffic ticket or you are in a car accident and someone, either in your car or the other car, is injured. Do you have adequate insurance to protect yourself from claims in these circumstances? Are you satisfied with the lawyer appointed by your insurance company to represent you?
Excluded from Coverage
A young man, in his own business for his third year, obtained insurance that he thought would protect him from any error he might make in the course of serving his customers. He asked his insurance agent to provide his company with a general liability insurance policy. As in the case with most people, he did not carefully read the lengthy document of the small print of limitations and exceptions that came to him in the mail a week after he wrote his check to the insurance agent. Shockingly to him, there was a clause in that policy that excluded from coverage a situation over which he was sued. It is hard to rest easy in a situation where your insurance company claims they are not obligated to provide a lawyer to defend you or coverage when you are facing a large claim.
You fenced in your backyard because you want your grandchildren, or perhaps your pet dog, to be able to run freely in your yard without running off and getting lost, or injured, or bothering any of your neighbors. You get a letter from a lawyer for your neighbor telling you that your fence encroaches on the neighbor's yard. You argue that can not be the case because the people who installed your fence had a copy of the survey that was made when you bought your house. You get sued. How do you handle the situation?
Simple Surgical Procedure
A man goes into the hospital for a simple surgical procedure. He is told there is almost no prospect of him having any difficulty or complication. Before he leaves the hospital, he has a stroke. Of course, the people in the medical facility jump into action, and he is treated for his new condition. He goes into a coma for some weeks and eventually dies. He leaves behind a widow, two adult children and several grandchildren. None of them had expected that they would be deprived of this gentleman. Did the doctors and staff make a mistake? Are they to be held accountable for the family's loss? How does one evaluate whether they should bring a lawsuit on behalf of the surviving family?
Undo Influence Involved
A daughter finds that she is left out of her mother's estate after her mother dies and a will in possession of her sister, the only beneficiary. The left out daughter felt she was close to her mother, even though mom lived in the other half of a two-family house with her sister while she lived in a neighboring community. They had been together for all the major holidays that they had celebrated as a family. Why had Mom written a will giving everything to her sister? Was there undo influence involved?
Effect On The Outcome
The first step in dealing with any situation is to analyze the facts as they are and as they become known. The outcome of most lawsuits is dependent on the facts of the situation. The experience of the person you consult with about these situations, the training of that person, and the creativity and imagination of the person you consult with, will have a dramatic effect on the outcome and success, or not, of any claim that you may make. We look forward to the opportunity to consult with you, and help you, and providing guidance as you decide how to deal with the situations you face.