Everybody has heard the expression, "wake up and smell the coffee". Well it's time that people in this country do wake up and smell the coffee when they are dealing with the legal system of tort reform or personal injury law in general.
It really burns my cork, the corporations, the insurance companies, insurance adjusters, & the defense bar all claim that when one is injured and has a claim, he should simply file it (if he knows how) and then contact the insurance company or adjuster and the claim will be settled amicably and fairly. Isn't that nice?
I can make this into a long story as most do, but this is what it boils down to.
The insurance company Corp. through their officers and boards of directors hires major defense law firms who assign segments of their attorneys to represent insurance companies. These attorneys assist insurance companies in designing insurance policies which are replete with "conditions" and "exclusions". Each condition and each exclusion is designed to limit somebody's rights under the insurance policy. They have the collateral effect of securing the cooperation of their insured who may be liable for an injury to others under the law.
The insurance companies also hire claim adjusters. These adjusters are trained by the insurance companies. Beside the fact that these adjusters may attend classes that tend to teach them how to handle a claim, they are also given handbooks to refer to in the handling of the claim. These handbooks are either written by or monitored by the attorneys from the law firm that represents the insurance company.
There is a hierarchy of insurance adjusters. The adjuster that you may talk to either has limited authority or tells you that he has limited authority. His job is to keep you away from an attorney and settle your case as quickly and cheaply as possible. The rush is due to the insurance company's fear that you will get to an attorney. They also fear that as time goes along, what seemed like a rather benign injury may turn into a major & serious injury. When they offer to settle with you, they will attempt to get you to sign a release, part of which states that the claim is totally settled including past, present and future injury and expense etc..
Now here's where the rub comes in. I'm giving you a brief summary of who you will be dealing with if you have a personal injury claim for which you are entitled to be compensated.
DO YOU REALLY BELIEVE THAT YOU HAVE THE BACKGROUND, EDUCATION AND KNOW HOW TO COMPETE WITH THIS BANK OF PROFESSIONALS WHO HAVE YEARS OF TRAINING DESIGNED FOR A SINGLE PURPOSE OF DEFENDING THEMSELVES AGAINST THE LIKES OF YOU??
If you do, there's a bridge in Brooklyn which I would like to sell you over the Internet, but we don't take credit cards, only checks or cash!
I am a retired attorney. I do not have a legal website. If you have a personal injury claim that can be handled in Illinois, I would recommend that you look at chicagolegalnet.com. It is a website chock-full of useful legal information for the injured worker or someone injured at the hands of others.
Bud Horwitz, www.EasySubmissions.com
To learn more about this author, visit Bud Horwitz's Website.
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Here's one way to sidestep having to raise money from LPs: Sell your house for $76-million. 
I haven't written much in the Failure series lately, but I've got a doozy or two coming soon. 
