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How to Handle a Bed Bug Infestation in a Rental Property

Picture this situation – you book a dream vacation at a rental property, you count down the days until you depart, and you arrive in what appears to be the most perfect destination only to find some unwanted guests: bed bugs. This is a situation that is more common for tourists to deal with than you may think, and it can be enough to ruin your entire holiday – not to mention the fact that you also risk bringing the infestation home with you thanks to stowaways in your luggage.

Because you can never be too careful, it’s best to know the steps to take should you encounter a bed bug infestation in a rental property. Let’s take a look.

Cover Your Back – Steer Clear of Release Forms

If you’ve ever been asked to fill out a release form of some sort at a rental property, you probably didn’t think too much about it. What can be scary is that the form releases the property owner from all liability or negligence. Thinking of it in terms of bed bugs, it means any damage to your belongings or medical expenses you may incur will be your responsibility to pay, not the property owner’s.

Spot a Bed Bug? Assume There Is an Infestation

When you arrive at your rental property, inspect the bed(s). If you spot even a single bed bug, assume there is a larger problem and contact the rental property owner immediately. Document any traces of bed bugs with photos and make a record of who you called and when. This information may be necessary later.

Keep Luggage Well Protected – Don’t Bring the Infestation Home

One thing that will likely make your skin crawl is the thought of bringing the infestation home with you. Should those pesky bugs make their way into your luggage, they can easily make their way back out as you unpack. A bed bug infestation in your home can be extremely costly and time-consuming to remedy. They multiply incredibly fast, and you’ll likely need professional pest removers/exterminators to take care of the problem.

The best tips to use when it comes to luggage are as follows:

  • Place luggage on metal luggage racks, off the floor
  • Do not place your luggage rack near wooden furniture or a wall
  • Place luggage on a table if there is no luggage rack
  • Use a luggage cover or wrap
  • Always close the luggage when not in use
  • Always pack your clothing, toiletries and shoes in reusable and sealable plastic bags

What If You Get Bed Bug Bites?

Sometimes, by the time you discover the infestation, it’s too late and you already have several bed bug bites. This can be enough to leave you uncomfortable, itchy, and in pain and put a serious damper on your holiday, including a visit to an urgent clinic for a personal injury.

This is where we can help as we’ll fight for any compensation you’re owed and prepare you for the steps that follow. You have a right to proper sanitization in your accommodations, and the property owner could be guilty of negligence.

Visit the offices of William J. Luse at 917 Broadway St, Myrtle Beach, SC 29577.

Alternatively, you can call now for a free consultation at (843) 839-4795. We won’t rest until you’re happy.


12 Hidden Factors in Car Accidents

Car accidents are an unfortunate reality that many of us face the risk of on a daily basis. They can result in serious injuries, property damage, and even loss of life. While some accidents are caused by obvious factors like speeding or drunk driving, there are several hidden factors that contribute to these incidents. In this post, we’ll explore some of these lesser-known factors that can significantly impact road safety.

Fatigue

One of the hidden factors that can lead to car accidents is driver fatigue. Many individuals underestimate the dangers of driving while tired. Fatigue can impair a driver’s reaction time, decision-making abilities, and overall alertness, making it more likely for them to cause or be involved in an accident. It’s crucial for drivers to recognize the signs of fatigue and take appropriate measures to rest and recharge before getting behind the wheel.

Distractions Beyond Cell Phones

While cell phone use while driving is a well-known distraction, there are other less obvious factors that can divert a driver’s attention from the road. Adjusting the radio, eating, grooming, or even conversing with other passengers can all be distractions that compromise driver focus. It’s essential to maintain concentration and limit any potential distractions while driving to minimize the risk of accidents.

Weather Conditions

Weather conditions play a significant role in car accidents, and it goes beyond the obvious hazards of driving in heavy rain or snow. Factors like high winds, fog, and glare from the sun can all impair visibility and make it challenging to maintain control of a vehicle. It’s crucial to adjust driving behavior according to the weather conditions and exercise caution when road conditions are less than ideal.

Poor Road Infrastructure

The quality of the road infrastructure can also be a hidden factor contributing to car accidents. Issues like potholes, inadequate signage, poorly marked construction zones, and lack of guardrails can increase the risk of accidents. Government agencies and municipalities play a crucial role in ensuring road safety by addressing these infrastructure shortcomings promptly.

Vehicle Maintenance Neglect

Neglecting vehicle maintenance can have severe consequences on road safety. Malfunctioning brakes, worn-out tires, or faulty headlights can all contribute to accidents. Regular maintenance and inspections are vital to identify any potential issues and address them promptly. Drivers must take responsibility for keeping their vehicles in proper working condition to minimize the risk of accidents caused by mechanical failures.

Aggressive Driving

While aggressive driving is often associated with road rage incidents, it can also be a hidden factor in many car accidents. Tailgating, frequent lane changes without signaling, excessive speeding, and failure to yield are all examples of aggressive driving behaviors that significantly increase the likelihood of accidents. Promoting a culture of patience, respect, and courtesy on the road is crucial for reducing accidents caused by aggressive driving.

Inadequate Driver Training

Insufficient driver training can contribute to car accidents, especially among young or inexperienced drivers. Many accidents occur due to a lack of knowledge or poor decision-making skills behind the wheel. Enhancing driver education programs, emphasizing defensive driving techniques, and promoting ongoing driver training can help mitigate accidents caused by inadequate driver training.

Medical Conditions

Undiagnosed or untreated medical conditions can impair a driver’s ability to operate a vehicle safely. Conditions like epilepsy, sleep disorders, heart conditions, and vision problems can all pose significant risks on the road. It’s important for individuals to be aware of their medical conditions and seek appropriate treatment and management to ensure safe driving.

Wildlife Encounters

Collisions with wildlife are more common than you might think, especially in rural areas. Deer, elk, and other animals can suddenly appear on the road, causing drivers to swerve or collide with them. These accidents can result in significant damage to vehicles and potentially cause injuries. Staying alert, especially in areas known for wildlife crossings, can help drivers react appropriately and avoid such accidents.

Road Rage and Emotional Distress

Road rage and emotional distress can cloud a driver’s judgement and lead to dangerous situations on the road. Engaging in confrontations, aggressive gestures, or retaliatory actions can escalate conflicts and increase the likelihood of accidents. It’s crucial for drivers to maintain emotional composure, practice patience, and refrain from engaging in confrontational behavior while driving.

Impaired Driving Beyond Alcohol

Impaired driving is a well-known factor in car accidents, with alcohol being the most commonly associated substance. However, it’s important to recognize that impairment can extend beyond alcohol consumption. The use of illicit drugs, prescription medications with sedating effects, and even certain over-the-counter medications can impair a driver’s judgement, coordination, and reaction time. It’s crucial to understand the potential effects of substances and avoid driving under the influence to prevent accidents caused by impairment.

Cultural and Societal Factors

Car accidents can also be influenced by cultural and societal factors that are often overlooked. These include attitudes towards road safety, norms around speeding or reckless driving, and even societal pressures to multitask while driving. Cultural beliefs and behaviors can shape the way some individuals approach driving and contribute to the prevalence of car accidents. It’s important to address these factors through education, awareness campaigns, and enforcement of road safety regulations to create a safer driving environment for everyone.

Whatever the cause, car accidents can be traumatic experiences, often resulting in physical, emotional, and financial hardships. If you or a loved one has been involved in a car accident, it’s essential to seek the assistance of experienced legal professionals.

At William J Luse Attorneys, we understand the complexities surrounding car accident cases and the impact they can have on your life. Our dedicated team of attorneys is committed to fighting for your rights and helping you navigate through the legal process.

By working with our firm, you can benefit from our extensive knowledge and expertise in handling car accident cases. We will diligently investigate the accident, gather evidence, and work towards securing fair compensation for your medical expenses, property damage, lost wages, and pain and suffering.

Contact us today at:

917 Broadway St, Myrtle Beach, SC 29577

Call now for a free consultation on (843) 839-4795


5 Signs Your Hotel Room Has a Bed Bug Infestation

Millions of people stay in hotels or similar accommodations every year, whether it’s just for a night or a full vacation. No matter the reason for the stay, it’s safe to say that a hotel should be somewhere clean and safe to relax after a long day. Therefore, the last thing on anyone’s itinerary is to discover bed bugs. However, it’s a very real problem that can wreak havoc on your vacation, especially if they hitch a ride back home.

Blood and Feces Stains

The first place to check for bed bugs is on the bed and other furniture. These tiny blood smears are caused by feasting bed bugs or accidental bed bug death. As well as blood, you may see traces of bed bug feces, which look like black spots along the bed. The mattress is a bed bug’s favorite place to hang out, as it gives them easy access to human flesh.

Live Bed Bugs

Bed bugs are relatively small, but they can grow up to 7mm, which is large enough for anyone to see. To identify bed bugs from other creepy crawlies, you’re looking for red/brown bugs with 6 legs and two antennae. Bed bugs can’t fly, so if the bug you see has wings, it’s not a bed bug.

You are less likely to see a live bed bug in a hotel because they’re masters of hide and seek. However, if you have a look at the mattress seam and other creased areas, you may see live ones crawling around.

A Musty Odor

When a hotel bed bug infestation is left to fester, it produces a musty odor. However, before storming over to the hotel reception, you should check for other signs of bed bugs. After all, a musty smell may also be a sign of mold in the room.

Evidence of Eggs

Bed bugs are pretty small, but you can often see their eggs littered in a hotel room with an infestation. Once a female beg bug has feasted on human flesh, it often lays 1-7 eggs per day over 10 days.

The best place to start checking is the mattress, but you can find them on other soft furnishings like sofas. You need to keep an eye out for small pale eggs around 1-4mm, which can be difficult to see. If you find eggs, it’s safe to say there are a lot more bed bugs around.

Suffering Bed Bug Bites

People prepare themselves for accidents while on vacation, but the last thing they expect is being injured by bed bugs, which feed on human flesh during the night and leave itchy bites behind. If you’ve failed to spot any of the above infestation signs, this will be your proof that the room is riddled with bed bugs. If you discover a bed bug bite and you know it happened at a hotel, contact us for a free consultation. If you’ve had your hotel visit ruined by bed bugs, you may be entitled to compensation.

To find out more and book a free consultation, visit our offices at:

917 Broadway St, Myrtle Beach, SC 29577

Call now for a free consultation on (843) 839-4795


What is Toxic Mold and Why Is It Dangerous?

Toxic mold is a term used to describe certain types of mold that produce hazardous substances called mycotoxins. These can grow in damp or humid environments and can be found both indoors and outdoors. Mycotoxins can pose a significant health risk to individuals who are exposed to them. In this article, we will delve into the characteristics of toxic mold, explore why it is dangerous, and look at ways to treat and prevent it.

Understanding Toxic Mold

Toxic mold refers to several species of mold that can be dangerous to people. The list includes Stachybotrys chartarum (also known as black mold), Aspergillus, Penicillium, and Fusarium. These molds release mycotoxins into the air as microscopic spores, which can be inhaled or, if there is food around that it can contaminate, eaten by people. These molds thrive in places where there is excessive moisture and lots of organic material to feed on. They can also grow on various surfaces, including drywall, wood, carpeting, and insulation. Toxic mold is often characterized by its musty odor and a dark green, gray, or black appearance. If not caught early, it can spread rapidly, especially in areas with poor ventilation or water damage.

Legal Implications

Property owners have a responsibility to maintain a safe environment for their tenants or occupants, so the presence of toxic mold in residential or commercial properties can lead to legal complications, including lawsuits, and is therefore a potential liability for the property owner. Victims of exposure may seek legal action to pursue compensation for medical expenses, property damage, lost wages, and pain and suffering.

To establish a legal claim, a person has to provide evidence of the presence of toxic mold, its source, and the resulting health effects. This often requires professional mold inspections and testing, as well as documentation of any physical symptoms or medical diagnoses.

Health Risks Associated with Toxic Mold

Exposure to toxic mold can harm people in a number of ways, with the most common problems being related to respiratory issues. The inhalation of spores can cause coughing, wheezing, and shortness of breath, and people with allergies or asthma are particularly vulnerable to these symptoms. Prolonged exposure to toxic mold may also lead to more severe respiratory conditions, such as bronchitis or fungal infections in the lungs.

In addition to respiratory problems, toxic mold exposure can affect other bodily systems. Some people may experience allergic reactions, including skin rashes, itching, and watery eyes, while those who are more sensitive to mycotoxins can also suffer from mild to severe neurological effects, resulting in headaches, dizziness, memory loss, and difficulty concentrating. Individuals with weakened immune systems, like the elderly or those with underlying health conditions, may be at an increased risk of developing severe health issues due to exposure to mycotoxins.

Public Health Impact

In addition to the health risks faced by individuals, toxic mold can also have broader public health implications. In cases where contamination occurs in shared spaces such as schools, offices, or public buildings, the health and well-being of a larger population can be at stake. Exposure to toxic mold in public settings can result in widespread health concerns, affecting students, employees, visitors, and other occupants. The impact can be particularly significant for vulnerable populations, such as children, the elderly, and individuals with pre-existing health conditions. That is why public health agencies and authorities have a responsibility to address and mitigate the risks associated with toxic mold.

Property Value and Financial Impact

Prospective buyers or tenants may be put off from purchasing or renting a property that is known to have a history of contamination, meaning it can have a direct effect on the ability to sell or rent a property. Because of the potential health risks associated with toxic mold, as well as the potential costs associated with remediation and ongoing prevention measures, financial institutions and insurance companies may also be reluctant to provide mortgages or insurance coverage for properties with a history of mold problems. Lenders and insurers need to be concerned about potential liabilities and the risk of future claims. This can make it challenging for property owners to secure financing or obtain affordable insurance coverage, further impacting the property’s appeal and viability.

Preventing Mold

Preventing toxic mold growth is crucial for maintaining a healthy living or working environment. It is essential to control moisture levels in buildings by promptly fixing any leaks, improving ventilation, and addressing water damage or flooding before mold can take hold. Regularly inspecting and maintaining plumbing, roofs, and HVAC systems can help identify and resolve moisture issues before they become a problem. Controlling indoor humidity is also important, so try to use dehumidifiers in areas prone to excess moisture, such as basements and bathrooms, as this can help reduce humidity levels. Ensuring proper airflow and ventilation throughout the building can go a long way to prevent the accumulation of moisture and condensation.

Remedies for Mold Growth in Your Home

If toxic mold is discovered in your home, there are a few things you can do to help clear up the issue. First and foremost, it is important to make use of professional mold removal services to safely remove and clean the affected areas. These professionals have the necessary expertise and equipment to handle the removal effectively. During the removal process, the affected areas should be closed off to prevent the spread of mold spores.  Proper airflow also helps to dry out damp areas and reduce moisture levels, creating an environment that is less favorable for mold growth. Any mold-infested materials should also be removed, and the area must be thoroughly cleaned and treated to eliminate any remaining spores in the area.

Toxic mold poses a significant health risk to individuals exposed to it. That is why understanding the dangers of toxic mold is essential for both property owners and people residing or working in affected spaces. If you believe you have been exposed to toxic mold, consult a medical professional for diagnosis.

Consider seeking legal advice from our offices at 917 Broadway St, Myrtle Beach, SC 29577.

Call us for a free consultation at (843) 839-4795, so we can protect your rights and help you seek compensation for damages.


The Unseen Costs of Car Accidents: Financial, Emotional, and Physical

Every year in the US there are more than 6 million passenger car accidents, and more than 42,900 are fatal. According to the Department of Transportation, car accidents cost the economy around $340 billion yearly, but this is only a general overview. When you focus on the individuals involved in accidents, the costs are more than likely a lot more, especially when you factor in the financial, emotional, and physical aspects.

The Financial

When people think about car accidents, they’re mostly concerned about the immediate financial cost, which is making repairs to the car and paying insurance fees. However, there are many more financial considerations to make following an accident including:

  • Medical expenses
  • Loss of services
  • Loss of income
  • Living adjustments

The expenses can vary from case to case, but there’s no denying that a car accident can change a life forever. For example, if a driver suffers paralysis from spinal damage, they may lose the ability to carry out simple functions like mowing the lawn, taking care of children, and attending their place of work. The loss of actions like this, which most people take for granted, leads to emotional distress, financial trauma, and physical limitations.

The Emotional

Even the smallest of car accidents can leave behind emotional trauma, with the most common issue being stress. However, the complication with mental distress is that it’s not always immediately obvious, which is why people have to be aware of their state of mind following a traumatic event. Here are the most common mental conditions following a car accident:

  • Behavior and personality changes
  • PTSD (Post-Traumatic Stress Disorder)
  • Depression
  • Anxiety
  • Sleep disorders

Even though not visually debilitating, some of these mental conditions can prevent people from getting out of their daily life, which results in visual symptoms and financial issues.

The Physical

Most people only see car wreckages when accidents happen, but the physical cost runs much deeper, especially when server injuries are involved. Unless you’re lucky enough to escape unscathed, here’s a list of the most common car accident injuries:

  • Burns
  • Fractures
  • Tissue damage
  • Loss of limbs
  • Cuts
  • Internal organ damage
  • Traumatic brain injuries
  • Spinal cord damage

In the majority of car accidents, it’s the physical injuries that lead to unseen emotional and financial costs. For example, if you lose your limbs, your life will change forever and you’ll be out of work for a long time, which will be emotionally and financially draining.

Seeking Compensation

Even though the financial, emotional, and physical issues following a car accident go largely unseen, they’re very much real. Therefore, even though these can’t always be seen, you can still claim compensation to cover damages. To do this, you will need to hire a qualified auto accident lawyer who will work hard to win a fair sum.

If you or someone you love has been involved in a car accident, then don’t hesitate to get in touch with The Law Office of William J. Luse using the following details:

Address: 917 Broadway St, Myrtle Beach, SC 29577

Call now for a free consultation on (843) 839-4795.


Investigating the Causes of Fatal Truck Crashes

Fatal truck accidents are unfortunately a very common thing. There were close to half a million this past year, and this number is going to increase again if past trends are to be considered. Dealing with the consequences of a lost loved one in these circumstances is a tentative thing, and one that should be explored carefully. How are the reasons behind fatal crashes determined, and what makes trucks one of the leading causes behind this type of incidents? This guide has the answers.

What Are the Leading Causes of Fatalities?

There are multiple factors that make truck related road incidents dangerous. Fatalities can happen in collisions regardless of the vehicles involved, but when a truck causes the events, the risk is increased significantly. The causes for this are quite straightforward and are explored in more detail below.

The Size and Weight of Trucks

Trucks are amongst the largest vehicles in the world. They can reach weights of 80,000 lbs., but this is the legal cap, and all fleets have to adhere to these regulations. That being said, sometimes trucks with lower capacity are still overloaded to cut costs, or because of human error, and this makes it even more dangerous in terms of handling and impact if a collision occurs. They will be more difficult to manage for the driver and cause untold damages if they come into contact with other vehicles.

Speeding

The impact of this alone is enough to make speeding a major concern. If a truck driver is trying to make up for lost time because of a bout of traffic, or just to get the journey over with faster, then they are putting everyone else around them at risk. It is difficult to predict response times under normal driving circumstances, so when speeding is a factor, it is even more unpredictable to successfully determine braking times or distances. This puts all the other road users at risk of being collided with and there is a strong possibility of that leading to a fatality. If speeding is suspected, the data should be accessible through the truck’s black box data which will tell an attorney or other investigating party everything they need to know.

Poor Weather

Nobody can control the weather, but truck drivers are professionally obligated to plan for the journey ahead by looking into what will be happening in the skies along their route. Weather changes rapidly, and one hour’s difference can bring a thunderstorm directly into your path. This means, truck drivers should always observe the weather every step of the way and make appropriate adjustments or accommodations if their route demands it. While pulling over and taking a break means a job will take longer and risks other complications such as fatigue, it is worth it when you consider that fatal accidents are often caused by mishandling in poor weather.

Using a Mobile Phone

It is illegal for any road user to use their mobile phone while behind the wheel and actively driving. However, it does still happen and remains a primary cause of road-based fatalities. It is not difficult to imagine that truck drivers using mobile phones (whether that is texting, calling or scrolling through reels) are significantly increasing the scope for a fatal collision to take place. This kind of reckless driving is harmful to anyone around, and the consequences can be catastrophic.

Truck Driver Tiredness

The last key factor behind fatal truck accidents is driver tiredness. There are long journeys and driving is difficult over big stretches, and that is why there are strict policies regarding break taking and length of shift. However, these are not always followed or another factor like illness plays a part and leads to a driver simply not being awake or alert enough to safely manage the truck. A travel log can be checked to ensure the driver was operating legally and took the proper precautions before they started driving.

The Steps to Take After a Fatality Occurs

The impact of losing a loved one can never be put into words. However, as a family member, you are entitled to seek justice on their behalf, and you can do this by contacting our offices of law. Our team of attorneys has the experience and determination to fight your case, and we will tell you crucial things such as what not to say and which evidence you could need to present in order to successfully represent the facts.

Here are some key stages to be aware of.

The Truck Will be Observed

Everything about the truck including the black box data will be investigated. This is to rule out mechanical faults and dangerous driving actions. These should all be recorded by the company and kept in a secure log. Evidence of tampering or misinformation will be exposed, so don’t worry too much about that.

The Driver Investigations

Then, if the truck is found to be okay, the driver will be investigated too. They are likely to be checked for alcohol levels at the scene of the accident, and these results will be factored into the investigatory process. Their health history will be dived into including any current conditions they are suffering from too. Anything that could have played a role, will be uncovered.

Evidence and Witness Statements

The final stage will be about gathering further credible information that could explain or influence the outcome of the case. These are the people who may have seen the accident taking place from another vehicle or roadside, and other things like any video footage from the scene as well. Everything can be relevant, so no stone will be left unturned.

Truck accidents happen for so many reasons, and when a fatality occurs it is an even more sensitive situation. It is only natural to want to find answers and understand what happened while securing compensation for the damages and emotional strain it has caused. The investigation process is long, but always easier with an experienced attorney by your side.

There is no time to delay, so get in touch with us at William J. Luse Accident & Injury Lawyers.

You can visit us at 917 Broadway St, Myrtle Beach, SC 29577

Or call now for a free consultation on (843) 839-4795.


The Role of Police Reports and Expert Witnesses in Auto Accident Claims

When it comes to auto accident claims, there are several factors that may have a significant impact on the outcome of your case. Among those factors, police reports and expert witnesses often play a crucial role in determining liability and providing objective evidence.

The Power of Police Reports

In an auto accident case, a police report can hold a lot of weight. Police reports serve a number of purposes, including:

Providing a Detailed Account

Police reports are comprehensive accounts of the accident. They often provide vital information regarding the parties involved, the location, and the circumstances of the incident. Plus, they document important details such as the weather conditions, road conditions, and witness statements, which can have significant impact on the determination of fault.

Objectivity and Credibility

Police officers are trained professionals, and they approach the scene of an accident with an impartial and objective mindset. They are tasked with evaluating the evidence, interviewing witnesses, and making objective observations. As a result, their reports carry a lot of weight in legal proceedings, giving your claim more credibility and strengthening your position in negotiations.

Official Documentation

Having an official police report of the auto accident adds further legitimacy to your case. Insurance companies, judges, and juries often rely on these reports to gain a clear understanding of what transpired at the scene. Police reports serve as concrete evidence of the events and resulting damages and can increase your chance of a favorable outcome.

The Influence of Expert Witnesses

Along with police reports, expert witnesses can also have a vital role to play in terms of determining fault and liability in an auto accident. The benefits of an expert witness to support your claim include:

Specialized Knowledge

Expert witnesses such as medical professionals, accident reconstruction specialists, or automotive engineers possess specialist knowledge and skills that can provide an invaluable insight into your case. They can analyze the accident, assess injuries, and determine the extent of the damages accurately, helping to establish a strong claim foundation.

Enhanced Credibility

An expert witness can bring an extra layer of authority and credibility to your case. Their professional opinions are often highly respected and can sometimes be behind swaying the opinions of insurance adjusters and judges. By presenting testimony that is well-founded and based on undeniable evidence, an expert witness can improve your claim’s strength and increase the likelihood of a result in your favor.

Clarification

Auto accidents may often involve intricate details and medical terminology that can be challenging for non-experts to understand. An expert witness can simplify and clarify these complex concepts, ensuring that everybody involved clearly understands the full extent of the damages, how the accident occurred, and the impact on the victims.

The Role of Legal Representation

Police reports and expert witnesses serve as powerful tools to tip the scales in your favor when pursuing an auto accident claim. At William J. Luse, we work with expert witnesses, police, and other professionals to help you get the compensation you deserve after an auto accident. Navigating this process can be complex and overwhelming, so let us take over on your behalf. You can find us at:

917 Broadway St, Myrtle Beach, SC 29577

Call now for a free consultation on (843) 839-4795.


Auto Accidents and Insurance Disputes: Navigating the Claims Process

2020 saw over five million reported auto accidents. This number has only grown in 2023, with vehicle collisions remaining one of the leading causes of both death and injury in the country. There are too many reasons to count that are driving this catastrophic data, like drunk drivers, distractions on the road and poor weather conditions, so when an incident does take place, how is fault determined? Navigating the claims process feels impossible without the support of an experienced attorney on your team, especially when there is a dispute raised in the claims process. Here is some advice that will help anyone in this position.

When a Claim is Outright Rejected, What Are Your Options?

If you have filed a claim and it is rejected after being reviewed, it is only natural to feel a little overwhelmed and hopeless too. However, that doesn’t have to be the end of the matter and you do have the power to challenge the decision if you feel there is just cause and reason.

Check Your Policy Documents

Your insurance policy documents are the terms and conditions set forth by the provider. They stipulate any and all conditions in which a claimant is able to proceed with a filing, and this is where you need to look first. If you think that you do have the right to claim but no one is listening, dedicate an hour or two to sifting through the fine print and understanding the legality of it all. Your documentation will provide the answers as to whether or not you have a valid reason to pursue the dispute.

Hire an Attorney

With an attorney by your side, navigating the whole process is far easier. They are the best person possible to enable a fair outcome and will fight in your corner if they see a reason to do so. With the help of an experienced law professional, the hard work is done for you, and nothing will be missed because they know exactly what to look for to bring a claim to the right conclusion. They will also be able to give you legal guidance on what to say, how to act, and what you will need to support your dispute notion.

File Official Notice of a Dispute

With an attorney by your side and insight leading the way, it is time to file a dispute if you still believe there is valid reason to do so. Give official notice that you wish the decision to be reversed and state your reasons. It is now in the hands of the insurance company to proceed how they see fit.

Why do Claims Get Rejected?

If you understand the top reasons why claims get rejected, it will also empower your process regarding disputing a negative decision too.

One: You Are Claiming Too Much

Every auto insurance policy out there has a limit regarding what you are able to claim remuneration wise. If you are asking for more damages than your policy allows, this is grounds for fairly instant rejection by your insurers. It may be a case that you need to pay the agreed excess amount before a claim is released, or you have to re-file with a lower amount.

Two: You Broke a Law of the Road

There are lots of commonly known laws that dictate what drivers can and cannot do behind the wheel. For instance, it is unacceptable to drive while inebriated, text while you are in charge of a vehicle, or speed. These three things alone are leading causes of auto accidents so if the insurer deems you liable in any way because of these things, your claim will be null and void. You can dispute this, but it will require a lot more evidence and will probably end up in court proceedings.

Three: The Timings Don’t Add Up

The Statute of Limitations must be considered when filing any insurance claim. If you wait too long, the insurance company will not process the filing at all and there is not a lot you can do about it because you didn’t act soon enough.

Three: Lack of Medical Input

If you are claiming that you sustained injuries because of another driver, but you did not seek medical support at the time of the accident, this will always be called into question. If there is no proof that your injuries happened or were treated, then insurance companies won’t entertain this.

What Happens Next?

If a claim is denied, and you have successfully raised a dispute, what are the next steps? The case will be passed on for arbitration. This is an opportunity to discuss the situation with your insurance company with a third-party mediator present. If you manage to make your voice heard during arbitration, it could be a great way to stay out of court. If you don’t want to participate, you don’t have to, but it will make the process more complicated when it inevitably arrives in court.

When Arbitration Fails, What Now?

If no resolution is found, it may be the case that more evidence is needed about the collision or simply that the insurance company wants to take their chances in court. The dispute will be presented to a jury who will then determine which side is successful and whether or not there is a strong enough case to award the claim. Your attorney may call upon witnesses, discuss the details of the accident at length, and provide all the ways that the insurance company is failing to uphold their obligation as your provider.

Going to court is not very common when it comes to car accident disputes because it takes a long time, costs a fair amount of money and is quite stressful for everyone involved. If you live in a state with comparative fault policies in place, the insurance payout will be determined by your portion of blame in the collision.

Insurance disputes are common, but there are routes forward, especially with the support of an attorney. Visit our offices today to get the conversation started.

William J Luse, 917 Broadway St, Myrtle Beach, SC 29577

Call now for a free consultation on (843) 839-4795.


How to Deal with Multiple Parties in a Car Accident Claim

Sometimes, a car accident happens and there are multiple parties involved. When this is the case, it can be difficult to know who to turn to and how to navigate the aftermath. There are standard ways of addressing a situation like this, and with an experienced attorney on board, it becomes a whole lot easier to do. If you need information about how to deal with multiple parties in a car accident, the guide below has everything you need to know.

Hire an Attorney with Experience

An experienced attorney is the best person to represent the case. Somebody with professional insight into these types of cases will be better placed to protect the individuals from making costly mistakes during the litigation and ensure the case is brought to conclusion in the most satisfactory way possible.

Don’t Admit Fault

As with any personal injury claim or similar type of suit, it is imperative that you never say you’re in the wrong. There will be lots of investigation into the incident, and if you at any point talk to any person, regardless of whether they are a fellow victim or an attorney, it will be used as evidence in the case. Even if you just say you think you could have done one tiny thing differently, you are accepting a portion of the culpability and it will be used against you.

Don’t Liaise with the Other Victims without Legal Representation

This leads to the next bit of advice, which is to never discuss any aspects of the case with other parties that were involved in the crash. It’s hard to tell what other people’s agendas are, and you might think somebody is being your friend when really they have some hidden goal to get you to admit fault so their compensation claim is more valid than yours. It happens more commonly than you might think, and while there are lots of reasons that may lead to a collision, it’s never a simple formula for deciphering where blame should be assigned.

Seek Medical Attention

A major factor that insurance claims adjusters and other legal parties look closely at is whether or not the single claimant parties sought out medical attention. It will be observed because the extent of injuries will need to be verified, and compared according to the facts of the case. While you are under no obligation to disclose medical records, it is important that you did at least attend hospital after the accident because other participants will have and it’s all valid for proceedings.

Finding the Blame: What’re The Criteria?

So, what do the official bodies look for when determining blame in these circumstances? There are a few leading contributions to think about and two clear directions it can take to be resolved.

Contributory Negligence

This is only relevant for a handful of states, but it is worth knowing about in case you live in one of these areas. If contributory negligence is determined, the person who is considered to be partly to blame is no longer allowed to seek further legal repercussions against any person involved in the collision.

Comparative Negligence

This determines each person’s proportion of the blame in the accident and moves to acknowledge a percentage of compensation accordingly.

Dealing with multiple participants in a car accident claim is a lot to think about. However, an attorney will be able to hold your hand and lead the way so that nobody is misrepresented. Book a consultation appointment at our office shown below.

917 Broadway St, Myrtle Beach, SC 29577

Or call the law office of William J Luse now for a free consultation on (843) 839-4795.


What to Expect at a Car Accident Settlement Negotiation

If you have been involved in a car accident, you may be wondering what to expect from the settlement negotiation process. Negotiating a settlement can be complex, so it’s essential to understand what you can expect and how you can prepare. In this post, we’ll cover everything you need to know before going into the car accident settlement negotiation process, from understanding the basics to what you should do to prepare yourself.

Understanding the Basics

First, it’s important to understand what a settlement negotiation process is and how it works. During the settlement negotiation process, the parties involved in a car accident try to reach a mutually agreeable resolution without going to court. This will typically involve negotiating a financial settlement that compensates the injured party for their damages including medical bills, lost wages, any other related expenses, and emotional damages or pain and suffering.

Typically, the negotiation process will begin with a demand letter. This outlines the injured party’s damages and sets a demand for compensation forth. The at-fault party, or their insurance company, will then respond with a counteroffer. From there, the parties may go back and forth until they reach a settlement that both sides can agree on. Due to the complex and often lengthy nature of this process, you may want to consider hiring a good car accident lawyer who understands how the negotiations work. Often, you may be given a lowball offer to begin with – working with a good lawyer can help you avoid settling for less than you deserve.

Preparing for the Negotiation Process

If you are preparing for a car accident settlement negotiation, there are several things that you can do to increase your chances of success. Some key steps to take are as follows:

  • Gather evidence: Before entering negotiations, it’s important to gather all the evidence related to your case. This might include police reports from the scene, medical records, witness statements, and other relevant documentation. Having a strong case with clear evidence to support your claims can help you negotiate from a stronger position.
  • Know your rights: It’s crucial to know your legal rights and what you are entitled to under the law. This may include understanding the statute of limitations for filing a claim, the type of damages you can recover, and the potential liability of the at-fault party.
  • Set realistic expectations: Although it’s natural to want to receive the maximum possible compensation, it’s important to set realistic expectations for your negotiation. Understanding the strengths and weaknesses of your case, as well as the likelihood of success in court, can help you negotiate a settlement that is fair and reasonable.
  • Hire an attorney: Even if you are confident in your ability to negotiate your settlement on your own, it’s worth working with an experienced car accident attorney who can represent you throughout the process.

The Negotiation Process

Now that you understand the basics and are prepared for the upcoming negotiations, let’s take a look at the negotiation process involved and what to expect from the key steps.

  • Submit your demand letter: The negotiation process typically begins with the submission of a demand letter, which outlines your damages and sets forth your demand for compensation. This letter should be crafted carefully and include all relevant evidence to support your claims.
  • Respond to counteroffers: Once you have submitted your demand letter you will get a response in the form of a counteroffer from the at-fault party or their insurance company. This offer might be lower than your initial demand, but it’s important to consider it carefully and respond in a timely manner.
  • Negotiate in good faith: It’s important to negotiate in good faith and be willing to compromise throughout the negotiation process. Both parties need to be open to offers and willing to make concessions to reach a mutually agreeable settlement.
  • Reach a settlement: If both parties can come to an agreement, a settlement can be reached. This settlement will generally be in writing and will include the terms and conditions of the agreement including the amount of compensation to be paid.
  • Consider other options: If a settlement cannot be reached other options may include mediation or litigation. More on these below:

Mediation

If negotiations fail, mediation is the next step to consider. This involves bringing in a neutral third party who will work to facilitate a settlement between the two negotiating parties. Compared to going to court, mediation is often a shorter and less stressful process. It can be a good option for parties who want to avoid the uncertainty of a trial.

Litigation

If mediation is unsuccessful or if the parties simply cannot come to an agreement, litigation may be necessary. In this case, a lawsuit would be filed, and the case would be taken to trial. Going to trial can be an expensive and time-consuming process, but it may be necessary, in some cases, to obtain the compensation you are entitled to. If your case goes to trial, you need an experienced car accident lawyer by your side to represent you throughout the process and fight your corner.

If you’ve been involved in a car accident, you know that the aftermath can be stressful and overwhelming, from dealing with medical bills to negotiating with insurance companies. That’s where we come in at William J Luse.

Our team of experienced car accident lawyers understands the challenges you’re facing and are here to help you navigate the legal process. We work tirelessly to help you get the compensation you deserve, so you can focus on your recovery and move forward with your life.

Don’t wait to get the help you need. Contact us today to learn more about how we can help you with your car accident case, whether you need support with negotiations or representation in court. Visit us at:

917 Broadway St, Myrtle Beach, SC 29577

Or call now for a free consultation on (843) 839-4795.

With our compassionate and dedicated team by your side, you can rest assured that your best interests and legal rights will be protected.

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