by winburnlawInsurance Policy Limits
Every insurance policy has an insurance limit that states a maximum amount of money the insurance company will pay on a claim. The lawyers and their clients know what it is although it is rarely something that can be explained to a jury if a trial is required. Juries are usually not allowed to be told whether insurance even exists.
Since most cases settle without a trial, it is extremely uncommon for a person’s personal assets to be at risk if a trial takes place. Very few people have the resources to pay verdicts and besides, that is why they have insurance. If a jury award exceeds the limits of an insurance policy our office can sometimes make a bad faith claim against the insurance company since they would have had an opportunity to settle within the policy limits. Instead, they gambled with their insured’s money with the hope that a jury would allow them to pay less so that they would save money. When they have an opportunity to settle and protect their insured’s assets but end up with a verdict that exceeds the policy limits, the argument can be made that they have been negligent in their handling of the matter to the detriment of their insured.
As a result, after an assignment of rights by the insured to the plaintiff, the plaintiff can actually sue the defendant’s insurance company to recover the excess of any verdict. This is known as a “bad faith” claim. However, it is uncommon for a verdict to exceed an insurance company’s policy limits. Generally the plaintiff’s lawyers do not ask the jury for more than they know they are going to be able to actually recover from the case.
We handle cases all over the State of Vermont – in Bennington, Burlington, Brattleboro, Rutland, Woodstock, St. Albans, Montpelier, Manchester, Springfield, the Northeast Kingdom and anywhere else where there is jurisdiction in the State of Vermont. If you have a personal injury problem feel free to contact us.
by winburnlawWhat Is A “Tort”?
A “tort” is a legal word that essentially means a “wrong” that has been committed against a person. Examples of torts are automobile accidents, medical negligence, dog bites, ski accidents, cases involving defectively-made products, and most negligent acts.
There is even a museum dedicated to tort law in Northern Connecticut called the American Museum of Tort Law. It was started by Ralph Nader who famously proved that the Corvair automobile was “unsafe at any speed” and needlessly killed and maimed people because of its poor design.
They can be found at tortmuseum.org and the website contains a lot of useful factual information about the truth behind myths about cases that seem to be accepted as “truths” - like the McDonalds hot coffee case.
Our law office only handles tort law (personal injury) and we practice throughout the State of Vermont. If we can be of service please feel free to contact us at winburnlaw.com or toll free at 800-640-5100. Should I Settle My Personal Injury Case Or Go To Trial?
The statistics are that most cases settle. However, cases can settle at any point in the process. Sometimes cases need to be filed in Court in order to achieve a fair settlement even though they do not ultimately get tried. Cases can be settled at any time before trial, after trial and even during trial. Cases are even settled while on appeal and it depends on the decision of the parties involved as to whether it is to their benefit to settle or proceed further.
If an insurance company denies a claim then there is no alternative but to file a lawsuit. If the insurance company denies a claim they still may be forced to pay fair damages at a later time. An insurance company denial is not the end of a person’s claim for damages. It just means that the insurance company thinks that if you go to court they can beat you or that you will not make the effort to go to Court.
That is why you need someone on your side to even the playing field and make judgments as to whether an insurance companies’ evaluation has been correct. If a case is deemed to be meritorious, an attorney can take the decision-making process out of the insurance companies’ hands and put it in the hands of a jury by trying the case. A jury of your peers will make that determination and the insurance company will find out if their decision was correct or not.
At times, insurance companies will deny claims on a broad scale and only take seriously the claims that are pursued in Court. At other times, the insurance companies’ evaluation may be correct and there is no claim that can be successful. However, the insurance company will always make decisions that are to their benefit because that is the business that they are in - to make money from insureds and not pay claims unless it is in their interest to do so.
If we can be of service please feel free to contact us at winburnlaw.com or toll free at 800-640-5100. Should I Give A Statement To An Insurance Company If I Am Involved In An Accident?
Insurance companies frequently want to take statements from people involved in accidents. Their representation to the public is that they want to take statements to preserve evidence and investigate the accident. Sometimes this is the case but giving a statement also provides the insurance company with information that can be used against you at a later time.
Insurance companies are professionals at taking statements and asking the types of questions that are designed to prevent cases from being made against their insured (and themselves). If a statement is made voluntarily without legal advice it can sometimes hurt the case of the person giving the statement, no matter how good the motives are for the person giving the statement. It is always better to have legal advice so that there is an equal playing field in this type of circumstance. Call us for a free evaluation before you give a statement to any insurance company to protect your rights!
If you believe you have an accident claim contact us for a fee evaluation. We handle cases all over the State of Vermont – in Bennington, Burlington, Brattleboro, Rutland, Woodstock, St. Albans, Montpelier, Manchester, Springfield, the Northeast Kingdom and anywhere else where there is jurisdiction in the State of Vermont. If you have a personal injury problem feel free to contact us.
by winburnlawWhat Is “Best Lawyers” and “Super Lawyers”?
Lawyers are selected by groups such as Best Lawyers and Super Lawyers by anonymous means. The rankings seem to correspond to the Martindale-Hubbell rankings but not always. The rankings are made anonymously and therefore are deemed reliable indicators to the public as to the abilities of attorneys they are considering to hire.
The significance of these rankings goes beyond bragging rights of the lawyers involved. They are indicators to the public as to the background, training and experience of a lawyer that they are considering hiring to handle their case. Unless they are personally acquainted with the lawyer the general public has no way of knowing whether the lawyer being hired is someone they want handling their case. These rating groups are a good way of evaluating this type of information in the hiring process.
Patrick Winburn has been listed in Best Lawyers and Super Lawyers for many years. Winburn Law Offices limits its practice to personal injury matters. It is one of the few offices in Vermont to restrict its practice in this way. No matter where you live in the United States, if your accident happened in Vermont, we can help.
We accept cases throughout the State of Vermont - in the Northeast Kingdom, Woodford, Rutland, Wilmington, St. Albans, Montpelier, Middlebury, Manchester, Woodstock, Bennington, Brattleboro, Springfield, Burlington and anywhere else where there is jurisdiction in the State of Vermont. If you have a personal injury problem contact us for a free consultation. Why Is Insurance Not Disclosed To Juries During Trials?
With few exceptions, Vermont juries are never told that the personal injury claim they are deciding has insurance. That is because there is a rule of evidence that excludes this information because it is thought that it may affect the juries’ determinations and cause higher verdicts.
However, others believe that if the jury thinks that payment of their verdict will come out of the pockets of the individual defendants, this will potentially reduce the amount of verdict. Juries are left to wonder where the money to pay the verdict will come from even if they ask the judge during deliberations. The allowance of this information to the jury requires the court system to engage in a “legal fiction” to the advantage of insurance companies and to the disadvantage of consumers.
We offer free consultations to help you make a more informed choice. Our background and experience (see the “In The News” page of this website) can help in making a good decision about who should be hired to handle your case.
If you believe you have an accident claim contact us for a fee evaluation – if we take your case, we don’t get paid unless we get money for you. Our law office reviews cases throughout the State of Vermont – in Manchester, Bennington, Rutland, Burlington, Woodstock, St. Albans, Brattleboro, Montpelier, Woodford, Springfield, Wilmington, the Northeast Kingdom and anywhere else where there is jurisdiction in the State of Vermont.
©Winburn Law Offices
by winburnlawWhat Is A Statute of Limitations?
The Statute of Limitations is an artificial time period that a person has to file a lawsuit after events giving rise to the case. Statutes of Limitations are created by the legislature and are arbitrary deadlines that must be followed in order to protect your rights. If your case is not filed in Court within these time limits you can forever lose your right to make your claim. The determination of a Statute of Limitations can be tricky and there may be exceptions to the time periods given for some. Accordingly, it is important to have an attorney promptly review your case and advise you as to a Statute of Limitations along with the other aspects of a potential case.
Our law office reviews cases throughout the State of Vermont – in Manchester, Bennington, Rutland, Burlington, Woodstock, St. Albans, Brattleboro, Montpelier, Woodford, Springfield, Wilmington, the Northeast Kingdom and anywhere else where there is jurisdiction in the State of Vermont. If you believe you have a personal injury or accident claim feel free to contact us toll free at 800-640-5100 for a fee evaluation.
©Winburn Law Offices
by winburnlawWhy Is It Important Which Lawyer Evaluates Your Case?
Usually, people do not know very much about the lawyer they are considering to hire to evaluate their personal injury case. They may have selected the attorney because they have seen them on tv ads or have a familiar name due to mass advertising.
Obviously, it is important who determines what your case is worth. The insurance company will always want to offer you less than your case is worth. As a result, the playing field has to be equalized by hiring an attorney who knows the rules and has experience to be on your side.
We don’t go on tv, don’t have a theme song and are serious about what we do for you.
We offer free consultations to help you make a more informed choice. Our background and experience (see the “In The News” page of this website winburnlaw.com) can help in making a good decision about who should be hired to handle your case. We only handle accident cases anywhere in Vermont and have for a long time.
Our law office reviews cases throughout the State of Vermont – in Manchester, Bennington, Rutland, Burlington, Woodstock, St. Albans, Brattleboro, Montpelier, Woodford, Springfield, Wilmington, the Northeast Kingdom and anywhere else where there is jurisdiction in the State of Vermont.
If you believe you have an accident claim contact us for a free evaluation! If we take your case, we don’t get paid unless we get money for you.
©Winburn Law Offices
by winburnlawIs The Owner of A Dog Immune From Being Sued In Vermont If The Dog Has Never Bitten Anyone Before?
In Vermont, the simple answer is “no.” The issue to be determined is whether or not the dog has shown any “dangerous propensities” in the past that would cause the owner to be determined to have known or should have known of their dog’s propensities. All dogs are good to begin with in life, but not if they bite or attack someone. They are dogs and can act like dogs.
There is a myth that “all dogs are entitled to one free bite” among some lawyers. That may well be the law in some states – but not in Vermont.
Although we all love our dogs, as owners we are responsible for their behavior and making sure that others are safe when around them. Usually the homeowner’s insurance policy covers any damage done to a person by a dog. As with most cases, dog bite cases are really cases against the insurance company of the owner of the dog, although the facts have to be proven to show responsibility on the part of the dog owner.
We handle cases throughout the state of Vermont and limit our practice to injury cases.
If you believe you have an accident claim contact us for a fee evaluation –
©Winburn Law Offices
What Is A Statute of Limitations And What Does It Mean In Vermont
The Statute of Limitations is an artificial time period that a person has to file a lawsuit in Court and starts running the day you have the accident, or in some cases after you know negligence was perpetrated on you (like in medical malpractice cases) but there are still some limits. Statutes of Limitations are created by the legislature and are arbitrary deadlines that must be followed in order to protect your rights. If your case is not filed in Court within these time limits you can forever lose your right to make your claim.
The determination of a Statute of Limitations can be tricky and there may be exceptions to the time periods given for some. Accordingly, it is important to have an attorney promptly review your case and advise you as to a Statute of Limitations along with the other aspects of a potential case.
Our law office reviews cases throughout the State of Vermont – If you believe you have an accident claim contact us for a fee evaluation – if we take your case, we don’t get paid unless we get money for you.
©Winburn Law Offices