INSURANCE BAD FAITH / COVERAGE
Insurance ‘Bad Faith’ is any action that delays or denies your benefits without reasonable justification. Most insurance companies are required to begin a thorough and complete investigation – and then respond to all claims – in a timely manner, which is typically considered 15 days. In addition, they have 15 days to inform you if there is a problem with your benefits, or if there is any reason they would not be able to fulfill your policy.
If your insurance company has done the following, you may be entitled to a bad faith claim:
PERSONAL INJURY AND WRONGFUL DEATH
A serious personal injury will forever change the victim’s life. Physical recovery may take months or even years, and in some of the most tragic cases, may never be fully possible. Although no amount of money can make up for the losses these serious personal injuries inflict, it is vital that victims of personal injury be compensated for their medical expenses, loss of income, pain and suffering, and any future care that may be necessary. Retaining a skilled personal injury attorney is essential to handling your case in the most effective manner.
Listed below are some of the most common personal injury cases:
Legal action for wrongful death cases belongs to the descendant’s immediate family members, which is usually a surviving spouse, children, or parents. Wrongful death lawsuits involve the circumstance where the victim was killed by negligent, reckless, or intentional acts of the defendant. Many wonder what the difference is between murder and wrongful death. The prosecution of murder is handled through the criminal court system, whereas wrongful death is pursued by way of a civil lawsuit. It is important to note that in criminal cases, the burden of proof is “beyond a reasonable doubt.” However, in civil cases the burden of proof is determined by a “preponderance of the evidence.”
Family members of a wrongful death victim can recoup expenses for a wide variety of items, including emotional damages associated with loss of love, loss companionship and moral support, medical bills, funeral costs, financial support, inheritance, and anticipated future earnings.
ELDER ABUSE / NEGLECT
Elder abuse and neglect makes a victim of vulnerable elderly residents who often rely on caretakers to tend to their daily needs, including feeding, hygiene, and even shifting in bed. When neglected and left to care for themselves, these elderly residents are virtually helpless, and that isolation can often be overwhelming. Elder abuse and neglect can take on many forms, including physical, mental, and financial injuries. These injuries can be the result of recurrent conduct, or one single injury-producing event.
Examples of such abuse and neglect include:
What is a Class Action?
In a class action lawsuit, people who have been similarly injured by a large entity or corporation join forces to file on behalf of an entire class of people.
This is a civil proceeding – brought about on behalf of multiple clients with common or similar injuries caused by the same product or action. Typically, these cases result from an action on the part of a business or a particular product defect or policy. After the complaint is filed, the plaintiff must file a motion to have the class certified.
When people join a class action lawsuit, they forfeit the right to sue the company as an individual. A successful class action suit awards damages to the plaintiffs suing the company. In the majority of cases, not all members of the suit are entitled to equal compensation.
Among the issues for consideration when filing a class action:
EMPLOYMENT / WORKPLACE DISPUTES
Discrimination in the workplace is when an employee is being treated differently due to his/her race, sex, religion, ethnicity, disability, or pregnancy. If there has been bias in hiring, promoting, pay structure, or layoffs, your treatment may be unlawful.
Harassment in the workplace takes many forms, from inappropriate sexual comments in a hostile work environment to threats or assault. If you are suffering sexual harassment, racial harassment or other harassment in your workplace, or if you were fired after having been a victim of sexual harassment, you may have a claim.
Wage and Hour Violations/Employee Misclassification
Requiring employees to work more time without additional pay is one of the most common wage and hour violations. Whether it results from not giving an employee meal breaks or misclassifying an employee as exempt from overtime pay, it is illegal. If you believe that you are having a problem with pay and hour disputes, contact our office.
Although employers can hire and fire at will, they cannot fire people for reporting illegal employer behavior to the government or for seeking to protect themselves from harassment, discrimination or other illegal employment situations. This is wrongful termination, and you can seek legal recourse.
SabaLaw, APC litigates professional malpractice and professional liability claims arising from the alleged misconduct or negligence of individuals in the legal, accounting, real estate, and securities fields, and by corporate officers and directors.
Our attorneys will determine if there is a valid basis for a professional malpractice claim, and advise and represent in connection with claims for: