Personal Injury Blog
Posted on Jan 20, 2012 By Chad Hemmat
This week, we tried a medical malpractice case in Denver that finished yesterday. Today, our Denver jury begins deliberation on a case that we expect to win. Sadly, on the eve of this major trial, my ...
Continue reading "WAITING ON A JURY VERDICT ... THIS ONE'S FOR MIKE" »
Posted on Jan 4, 2012 By Chad Hemmat
From my 20 years of experience as a trial attorney, I have learned that pursuing a medical malpractice against a healthcare provider is always challenging. Bringing a malpractice claim in Colorado is ...
Continue reading "3 FACTS ABOUT MEDICAL MALPRACTICE CLAIMS WE BET YOU DIDN'T KNOW" »
Posted on Dec 19, 2011 By Chad Hemmat
If 5 to 10% of the US population suffered from an illness that had a high likelihood of being fatal AND was highly contagious, the press would label it a "pandemic." Not only that, the ...
Continue reading "TEXTING WHILE DRIVING: at Pandemic levels 2011 NHTSA study shows ... yet STILL no government action" »
Posted on Dec 3, 2011 By Chad Hemmat
From my experience as a trial attorney, I have found Colorado juries to be fair, and even, dare I say, compassionate. Generally, I find it relatively easy to get juries to agree that my clients were ...
Continue reading "THE 3 (AND SOMETIMES 4) THINGS THE JURY WON'T EVER GET TO KNOW WHEN CONSIDERING YOUR AUTO ACCIDENT INJURY CASE" »
Posted on Nov 12, 2011 By Chad Hemmat
From my experience, there are protections and benefits afforded by our laws that people know that they are entitled to if they are injured. For example, people seem to know that they are entitled to ...
Continue reading "SOCIAL SECURITY DISABLITY: Answers To The 10 Most Asked Questions" »
Posted on Oct 28, 2011 By Chad Hemmat
Before I begin, I want to confess that this is going to be a frank and honest discussion about your case. Let me warn you that this article is not for the faint of heart, because it is too important ...
Continue reading "THE TOP 10 WAYS TO SELF-DESTRUCT YOUR PERSONAL INJURY CASE:" »
Posted on Oct 21, 2011 By Chad Hemmat
When you purchase automobile insurance, you are purchasing peace of mind and a level of financial security. Some people have a lot of assets and therefore, have a lot to lose if they are involved in ...
Continue reading "AUTOMOBILE INSURANCE: What it does, What all those options mean, and What you are really buying" »
Posted on Oct 14, 2011 By Chad Hemmat
I wrote this article to inform uninsured individuals who have been injured in a motor vehicle accident of their rights when they are dealing with medical finance companies. If you are uninsured and in ...
Continue reading "WHAT TO DO IF THE MEDICAL FINANCE COMPANY INFLATES THEIR BILL" »
Posted on Oct 7, 2011 By Chad Hemmat
Due to the passage of C.R.S. §10-1-135, the "Make Whole" statute, I believe injury victims will have a huge advantage against state-regulated (Non-ERISA qualified) health insurance ...
Continue reading "WHY THE HEALTH INSURANCE COMPANIES' RIGHT TO REPAYMENT AFTER THE INJURY SETTLEMENT IS DEAD IN THE NEW ERA OF MAKE WHOLE ARBITRATIONS" »
Posted on Sep 30, 2011 By Chad Hemmat
A private investigator conducting surveillance is usually a sign of a desperate insurance adjuster who has no other angle of attacking your otherwise legitimate right to compensation. I want to make ...
Continue reading "DON'T BE AFRAID OF BEING CAUGHT ON SURVEILLANCE: Just Be Smart - And Don't Be A Faker!" »
Posted on Sep 24, 2011 By Chad Hemmat
This is not a religious opinion, but a legal one. The fact is that insurance companies blame God for a bunch of events that, in reality, are actually manmade. Generally, insurance companies have to ...
Continue reading "THERE'S NO SUCH THING AS AN "ACT OF GOD" CAR CRASH!" »
Posted on Sep 9, 2011 By Chad Hemmat
We previously wrote an article on how you, as an injury victim, should approach your required visit with the insurance company doctor. Different than that article, this article assumes that your exam ...
Continue reading "INSURANCE COMPANY DOCTORS: What they say and how we beat them" »
Posted on Aug 26, 2011 By Chad Hemmat
Looking for injury recovery only from one insurance company (the at-fault driver's) is a little like trying to see the entire world through a peephole in a door. In truth, every accident involving ...
Continue reading "UNINSURED MOTORIST BENEFITS: AVAILABILITY, STACKING, & REJECTION:" »
Posted on Aug 19, 2011 By Chad Hemmat
1) THE FACT PATTERN: Bob Blameless is driving his car down Broadway when he gets rear-ended by Chuck Careless. Bob spends the next year off of work, in hospitals and enduring painful physical therapy. ...
Continue reading "AFTER THE SETTLEMENT, DO I REALLY HAVE TO PAYBACK HEALTH INSURANCE?" »
Posted on Aug 10, 2011 By Chad Hemmat
There are some law firms that primarily represent insurance companies against Colorado's injured but occasionally dabble in representing injured parties. Some of these firms have started a rather ...
Continue reading "DO YOU WANT YOUR LAWYER TO BE WELL-KNOWN OR WELL-RESPECTED?" »
Posted on Jul 15, 2011 By Chad Hemmat
About 30 years ago, a number of retired judges got together and formed some of the first mediation companies in the United States. In fact, one of the earliest and longest running of these companies ...
Continue reading "TIME FOR THE SETTLEMENT CONFERENCE: What to do ... What to expect and ... What is expected of you" »
Posted on Jun 23, 2011 By Chad Hemmat
First, why wouldn't a hospital want to get paid from health insurance? As you will see, this issue is more complex than it might seem at first blush. Some hospitals WILL submit their bills to ...
Continue reading "ARE HOSPITALS ALLOWED TO CHERRY-PICK WHETHER THEY BILL YOUR HEALTH INSURANCE OR NOT?" »
Posted on Jun 10, 2011 By Chad Hemmat
This case started with a garden-variety two vehicle car crash. The at-fault driver was uninsured. At first, it seemed that the injured woman would only need conservative medical care, but the injuries ...
Continue reading "WINNING THE CASE THAT APPEARS UNWINNABLE: Part 3" »
Posted on Jun 3, 2011 By Chad Hemmat
The bad facts of this next case caused several law firms to turn it away as un-winnable before WE took it and won. INTRODUCTION : This injury was caused during a two car motor vehicle collision. While ...
Continue reading "WINNING THE CASE THAT APPEARS UNWINNABLE: Part 2" »
Posted on May 6, 2011 By Chad Hemmat
Consider a case where an employee is horribly injured on the job (due in large part to the employee's own negligence) and his employer didn't carry worker's compensation insurance. Sounds ...
Continue reading "WINNING THE CASE THAT APPEARS UNWINNABLE: Part 1" »
Posted on Apr 30, 2011 By Chad Hemmat
A. Introduction: New legislation from last year settled (or so we thought) a long-standing debate amongst personal injury trial attorneys. The debate was: should an injury victim be able to claim, and ...
Continue reading "MEDICALS BILLED vs. PAID: It probably ain't what your lawyer thinks" »
Posted on Apr 17, 2011 By Chad Hemmat
I am back from a successful trial in El Paso County . In a career that has spanned 20 years, I can tell you that the most common place I find myself is right where the naysayers say it can't be done. ...
Continue reading "A CASE CAN BE WON ANYWHERE (AS LONG AS YOU TRY IT INTELLIGENTLY)" »
Posted on Mar 25, 2011 By Chad Hemmat
If a terrorist group, in one year, were responsible for killing 5,474 Americans and injuring 448,000 more, it would be considered the greatest disaster this country has ever faced. Imagine the ...
Continue reading "LATEST STUDIES ON CELL PHONE/TEXTING RELATED DISTRACTED DRIVING CRASHES" »
Posted on Mar 19, 2011 By Chad Hemmat
As background, when we talk about statute of limitations, we are speaking of the deadline wherein a claim must be filed as a lawsuit. Failure to file a lawsuit by that particular deadline results in ...
Continue reading "STATUTE OF LIMITATION: not always so cut and dry" »
Posted on Mar 11, 2011 By Chad Hemmat
There is a small subculture of people who think Charlie Sheen's recent outbursts are refreshing. This is a guy who is, after all, baring his soul. He is flying solo, without an image consultant (at ...
Continue reading "DON'T LET CHARLIE SHEEN BE YOUR GUIDE" »
| January 20, 2012 |
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WAITING ON A JURY VERDICT ... THIS ONE'S FOR MIKE
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| Posted By Chad Hemmat |
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| This week, we tried a medical malpractice case in Denver that finished yesterday. Today, our Denver jury begins deliberation on a case that we expect to win. Sadly, on the eve of this major trial, my close friend, mentor, and frequent trial ... |
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| Continue reading "WAITING ON A JURY VERDICT ... THIS ONE'S FOR MIKE" » |
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| January 04, 2012 |
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3 FACTS ABOUT MEDICAL MALPRACTICE CLAIMS WE BET YOU DIDN'T KNOW
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| Posted By Chad Hemmat |
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| From my 20 years of experience as a trial attorney, I have learned that pursuing a medical malpractice against a healthcare provider is always challenging. Bringing a malpractice claim in Colorado is especially challenging compared to other ... |
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| Continue reading "3 FACTS ABOUT MEDICAL MALPRACTICE CLAIMS WE BET YOU DIDN'T KNOW" » |
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| December 19, 2011 |
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TEXTING WHILE DRIVING: at Pandemic levels 2011 NHTSA study shows ... yet STILL no government action
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| Posted By Chad Hemmat |
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| If 5 to 10% of the US population suffered from an illness that had a high likelihood of being fatal AND was highly contagious, the press would label it a "pandemic." Not only that, the government may even close our nation's borders, ... |
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| Continue reading "TEXTING WHILE DRIVING: at Pandemic levels 2011 NHTSA study shows ... yet STILL no government action" » |
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| December 03, 2011 |
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THE 3 (AND SOMETIMES 4) THINGS THE JURY WON'T EVER GET TO KNOW WHEN CONSIDERING YOUR AUTO ACCIDENT INJURY CASE
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| Posted By Chad Hemmat |
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| From my experience as a trial attorney, I have found Colorado juries to be fair, and even, dare I say, compassionate. Generally, I find it relatively easy to get juries to agree that my clients were injured and should be compensated for their ... |
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| Continue reading "THE 3 (AND SOMETIMES 4) THINGS THE JURY WON'T EVER GET TO KNOW WHEN CONSIDERING YOUR AUTO ACCIDENT INJURY CASE" » |
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| November 12, 2011 |
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SOCIAL SECURITY DISABLITY: Answers To The 10 Most Asked Questions
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| Posted By Chad Hemmat |
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| From my experience, there are protections and benefits afforded by our laws that people know that they are entitled to if they are injured. For example, people seem to know that they are entitled to workers' compensation benefits if they are ... |
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| Continue reading "SOCIAL SECURITY DISABLITY: Answers To The 10 Most Asked Questions" » |
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| October 28, 2011 |
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THE TOP 10 WAYS TO SELF-DESTRUCT YOUR PERSONAL INJURY CASE:
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| Posted By Chad Hemmat |
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| Before I begin, I want to confess that this is going to be a frank and honest discussion about your case. Let me warn you that this article is not for the faint of heart, because it is too important of a topic for me to mince words. The fact is that ... |
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| Continue reading "THE TOP 10 WAYS TO SELF-DESTRUCT YOUR PERSONAL INJURY CASE:" » |
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| October 21, 2011 |
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AUTOMOBILE INSURANCE: What it does, What all those options mean, and What you are really buying
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| Posted By Chad Hemmat |
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| When you purchase automobile insurance, you are purchasing peace of mind and a level of financial security. Some people have a lot of assets and therefore, have a lot to lose if they are involved in an accident. Others have very little and do not ... |
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| Continue reading "AUTOMOBILE INSURANCE: What it does, What all those options mean, and What you are really buying" » |
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| October 14, 2011 |
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WHAT TO DO IF THE MEDICAL FINANCE COMPANY INFLATES THEIR BILL
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| Posted By Chad Hemmat |
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| I wrote this article to inform uninsured individuals who have been injured in a motor vehicle accident of their rights when they are dealing with medical finance companies. If you are uninsured and in need of medical care, there are several private ... |
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| Continue reading "WHAT TO DO IF THE MEDICAL FINANCE COMPANY INFLATES THEIR BILL" » |
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| October 07, 2011 |
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WHY THE HEALTH INSURANCE COMPANIES' RIGHT TO REPAYMENT AFTER THE INJURY SETTLEMENT IS DEAD IN THE NEW ERA OF MAKE WHOLE ARBITRATIONS
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| Posted By Chad Hemmat |
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| Due to the passage of C.R.S. §10-1-135, the "Make Whole" statute, I believe injury victims will have a huge advantage against state-regulated (Non-ERISA qualified) health insurance companies in future subrogation battles. This new ... |
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| Continue reading "WHY THE HEALTH INSURANCE COMPANIES' RIGHT TO REPAYMENT AFTER THE INJURY SETTLEMENT IS DEAD IN THE NEW ERA OF MAKE WHOLE ARBITRATIONS" » |
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| September 30, 2011 |
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DON'T BE AFRAID OF BEING CAUGHT ON SURVEILLANCE: Just Be Smart - And Don't Be A Faker!
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| Posted By Chad Hemmat |
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| A private investigator conducting surveillance is usually a sign of a desperate insurance adjuster who has no other angle of attacking your otherwise legitimate right to compensation. I want to make it very clear that 99.999% of my past and current ... |
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| Continue reading "DON'T BE AFRAID OF BEING CAUGHT ON SURVEILLANCE: Just Be Smart - And Don't Be A Faker!" » |
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| September 24, 2011 |
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THERE'S NO SUCH THING AS AN "ACT OF GOD" CAR CRASH!
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| Posted By Chad Hemmat |
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| This is not a religious opinion, but a legal one. The fact is that insurance companies blame God for a bunch of events that, in reality, are actually manmade. Generally, insurance companies have to pay for claims when their insureds are involved in ... |
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| Continue reading "THERE'S NO SUCH THING AS AN "ACT OF GOD" CAR CRASH!" » |
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| September 09, 2011 |
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INSURANCE COMPANY DOCTORS: What they say and how we beat them
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| Posted By Chad Hemmat |
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| We previously wrote an article on how you, as an injury victim, should approach your required visit with the insurance company doctor. Different than that article, this article assumes that your exam has already occurred. Furthermore, we are now ... |
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| Continue reading "INSURANCE COMPANY DOCTORS: What they say and how we beat them" » |
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| August 26, 2011 |
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UNINSURED MOTORIST BENEFITS: AVAILABILITY, STACKING, & REJECTION:
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| Posted By Chad Hemmat |
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| Looking for injury recovery only from one insurance company (the at-fault driver's) is a little like trying to see the entire world through a peephole in a door. In truth, every accident involving a motor vehicle requires careful study of ... |
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| Continue reading "UNINSURED MOTORIST BENEFITS: AVAILABILITY, STACKING, & REJECTION:" » |
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| August 19, 2011 |
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AFTER THE SETTLEMENT, DO I REALLY HAVE TO PAYBACK HEALTH INSURANCE?
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| Posted By Chad Hemmat |
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| 1) THE FACT PATTERN: Bob Blameless is driving his car down Broadway when he gets rear-ended by Chuck Careless. Bob spends the next year off of work, in hospitals and enduring painful physical therapy. Bob racks up $70,000 in medical charges paid for ... |
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| Continue reading "AFTER THE SETTLEMENT, DO I REALLY HAVE TO PAYBACK HEALTH INSURANCE?" » |
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| August 10, 2011 |
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DO YOU WANT YOUR LAWYER TO BE WELL-KNOWN OR WELL-RESPECTED?
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| Posted By Chad Hemmat |
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| There are some law firms that primarily represent insurance companies against Colorado's injured but occasionally dabble in representing injured parties. Some of these firms have started a rather public campaign suggesting that the resumes of ... |
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| Continue reading "DO YOU WANT YOUR LAWYER TO BE WELL-KNOWN OR WELL-RESPECTED?" » |
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| July 15, 2011 |
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TIME FOR THE SETTLEMENT CONFERENCE: What to do ... What to expect and ... What is expected of you
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| Posted By Chad Hemmat |
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| About 30 years ago, a number of retired judges got together and formed some of the first mediation companies in the United States. In fact, one of the earliest and longest running of these companies in the whole country is here in Colorado. The ... |
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| Continue reading "TIME FOR THE SETTLEMENT CONFERENCE: What to do ... What to expect and ... What is expected of you" » |
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| June 23, 2011 |
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ARE HOSPITALS ALLOWED TO CHERRY-PICK WHETHER THEY BILL YOUR HEALTH INSURANCE OR NOT?
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| Posted By Chad Hemmat |
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| First, why wouldn't a hospital want to get paid from health insurance? As you will see, this issue is more complex than it might seem at first blush. Some hospitals WILL submit their bills to health insurance, UNLESS they feel they can recover ... |
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| Continue reading "ARE HOSPITALS ALLOWED TO CHERRY-PICK WHETHER THEY BILL YOUR HEALTH INSURANCE OR NOT?" » |
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| June 10, 2011 |
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WINNING THE CASE THAT APPEARS UNWINNABLE: Part 3
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| Posted By Chad Hemmat |
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| This case started with a garden-variety two vehicle car crash. The at-fault driver was uninsured. At first, it seemed that the injured woman would only need conservative medical care, but the injuries and subsequent treatment soon spiraled out of ... |
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| Continue reading "WINNING THE CASE THAT APPEARS UNWINNABLE: Part 3" » |
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| June 03, 2011 |
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WINNING THE CASE THAT APPEARS UNWINNABLE: Part 2
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| Posted By Chad Hemmat |
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| The bad facts of this next case caused several law firms to turn it away as un-winnable before WE took it and won. INTRODUCTION : This injury was caused during a two car motor vehicle collision. While the vehicle driven by the at-fault party had ... |
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| Continue reading "WINNING THE CASE THAT APPEARS UNWINNABLE: Part 2" » |
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| May 06, 2011 |
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WINNING THE CASE THAT APPEARS UNWINNABLE: Part 1
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| Posted By Chad Hemmat |
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| Consider a case where an employee is horribly injured on the job (due in large part to the employee's own negligence) and his employer didn't carry worker's compensation insurance. Sounds like a tough case, doesn't it? How about the ... |
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| Continue reading "WINNING THE CASE THAT APPEARS UNWINNABLE: Part 1" » |
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