Is it necessary to go to court?

Written by Maui Reyes

Inrepparttar United States, personal injury claims are given a statute limitation of two (2) years beforerepparttar 119171 claim is outlawed. Within this period, one must obtain a lawyer and file a case before going to trial in court.

Most people find this quite a hassle. Hiring a lawyer takes not only a lot of money, but also demands a considerable amount of time and energy to set up meetings and, of course, show up in court. Because of this, many clients resort to “settlements”, or dealing withrepparttar 119172 case before going to trial.

Of course, this doesn’t mean settlement happens “outside of court”. This only means that cases are settled “before going to trial”, meaningrepparttar 119173 case has already been filed. 99% of cases filed in court often reach a settlement beforerepparttar 119174 trial.

Settling before going to court can be tricky. Oftentimes people makerepparttar 119175 wrong move and get a lower settlement price, or lose more money because they refused to settle. Settlement usually happens when a date is set—a courtroom and judge are already scheduled, andrepparttar 119176 case is ready to go to court. This is when defendants usually consider to settle, in case they feel they are risking more ifrepparttar 119177 trial pushes through.

What to do when an insurance company breaches its contract

Written by Maui Reyes

With so much paperwork given to you by insurance companies, most people tend to overlook exactly what their contracts are about.

It is part of insurance law that any ambiguity or uncertainty inrepparttar choice of wording in a contract will be resolved in favor ofrepparttar 119170 policy holder, and notrepparttar 119171 insurance company. This often works in favor ofrepparttar 119172 policyholder when it comes to pointing fingers in court, but not allrepparttar 119173 time.

Most policyholders tend to have their own interpretation ofrepparttar 119174 contract. Unfortunately,repparttar 119175 judge doesn’t care aboutrepparttar 119176 policyholder’s understanding ofrepparttar 119177 wording. In court, “plain meaning” is whatrepparttar 119178 judge looks at. “Plain meaning” is how an ordinary citizen or common reader understandsrepparttar 119179 text, and not howrepparttar 119180 policyholder, insurance company, or lawyer interprets it.

While courts do not necessarily interpret a contract atrepparttar 119181 expense ofrepparttar 119182 policyholder experiencing a loss, it does not give leeway for “misunderstandings” of plain text byrepparttar 119183 policyholder.

Which is why contracts must be free of any ambiguities for bothrepparttar 119184 insurance company andrepparttar 119185 policyholder. Whenever exclusions or limitations are stated, they must be stated very clearly. Oftentimes, insurance companies fail to fully explain these limitations to their clients, resulting in them successfully denying certain coverage when there is a loss. It isrepparttar 119186 insurer’s policy to explainrepparttar 119187 contract torepparttar 119188 client, especially if he is not aware of his rights or if he does not know if he is getting what is due fully his. However,repparttar 119189 insurer is not required to tell himrepparttar 119190 adequacy ofrepparttar 119191 insurance amount he selected. Keep in mind that when a contract contains provisions that are in favor ofrepparttar 119192 company,repparttar 119193 court will deem this unconscionable, and may refuse to enforce such provision.

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