Trecker Fritz & Williams, Attorneys at LawTrecker Fritz & Williams, Attorneys at Law2024-03-14T12:40:04Zhttps://www.treckerfritzlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1603959/2022/10/cropped-TFW_FAV-32x32.pngOn Behalf of Trecker Fritz & Williams, Attorneys at Lawhttps://www.treckerfritzlaw.com/?p=501662024-01-12T14:45:00Z2023-12-06T18:10:40ZInadequate security
Guest safety depends on adequate property security. Hotels need effective security measures, including surveillance cameras, secure access control and properly trained staff members. Lax security that creates a safety hazard can create a liability for the hotel.
Slip and trip hazards
Hotel owners should inspect the property routinely to spot any potential trip hazards. Some of the most common hazards include cords, wires and uneven or peeling flooring. Trip and fall accidents resulting from neglected hazards leave the hotel liable for a claim.
In addition, wet floors create a slip hazard, particularly in entryways, kitchen areas and swimming pool spaces. Hotel owners must maintain non-slip measures, mitigation and proper signage for safety.
Emergency rooms treated 7 million people for slip and fall injuries in 2021, showcasing the significant risk associated with this hazard.
Loose fixtures
Handrails, beams and lighting fixtures create a safety hazard without proper maintenance. Loose fixtures such as these can put guests at risk of injuries and the hotel at risk of liability.
When hotel owners fail to live up to their obligations for safety and security, injured parties can hold them responsible. If your injury resulted from neglect such as those mentioned here, you might have a claim.]]>On Behalf of Trecker Fritz & Williams, Attorneys at Lawhttps://www.treckerfritzlaw.com/?p=501532023-09-15T20:25:21Z2023-07-29T03:39:13ZHawaii's insurance law
Hawaii requires you to carry at least personal injury protection, bodily injury and property damage liability. The amounts of coverage are:
$20,000 per person and $40,000 per accident bodily injury
$10,000 per person and passengers
$10,000 per occurrence for property damage
There are other optional coverages as well. These can include uninsured motorists, comprehensive and collision, alternative care, death benefits, funeral benefits and wage loss.
Hawaii's no-fault law
No-fault means that if you or your passengers suffer from an injury due to a car accident, your insurance pays your medical bills up to the amount of your personal injury protection. You can not sue, and the other party can not sue you if there are no serious injuries.
This does not apply to property damage or damage to your vehicle. The driver who is at fault is responsible for paying for this damage. If they do not have insurance and you do not have uninsured motorist coverage, you might end up paying for the damage to your vehicle.
You can still sue if the damages exceed your insurance coverage. These lawsuits are often complex and time-consuming since you have to prove whose fault the accident is.]]>On Behalf of Trecker Fritz & Williams, Attorneys at Lawhttps://www.treckerfritzlaw.com/?p=501362023-05-20T20:23:22Z2023-05-20T20:23:22Zdeny your claim or avoid paying it out. These are some tactics they use.
Acting caring
After your initial claim, you may receive consistent phone calls from your insurance company. They may state that they want to check your progress or make sure you are alright. They may draw you into conversations about your treatment. However, their primary goal is often to get you to open up and share something that they can use to deny your claim. You may admit that you have not followed your doctor’s treatment suggestions, allowing them to get out of paying your claim.
Offer settlements
If your claim is rock solid, your insurance company may also offer you a quick settlement. Unfortunately, these offers rarely cover your medical treatment, especially if you have injuries that require long-term care. This trick can be especially devastating because the quick settlement may help in the short term, but these quick offers should throw up red flags.
Drawing out the process
You may not hear from your insurance company for long periods of time. When you do hear from them, they may confuse you with legal jargon or tell you that the process is a long one. However, their goal is to get you to settle or give up on what they owe you. They may wait so long that you experience bill collector harassment or lawsuits.
To get the best result, avoid speaking with insurance companies and get help reviewing any settlement offers.]]>On Behalf of Trecker Fritz & Williams, Attorneys at Lawhttps://www.treckerfritzlaw.com/?p=501252023-07-31T13:57:08Z2023-04-19T00:34:09Zarbitration process and how it might benefit you as opposed to courtroom litigation, you can make an informed decision as to how you wish to pursue your personal injury settlement.
Arbitration occurs outside of court
When you choose to use an arbiter to settle your personal injury dispute, both sides will present their case to the unbiased arbiter. This entire process occurs outside of a formal courtroom, ensuring the protection of your privacy as well as a faster, less costly outcome. The arbiter will evaluate the case presented by each side and come to a decision based on the letter of the law as well as their own impartial judgment, though this decision is not necessarily legally binding.
You may treat an arbiter's decision as binding
While an arbiter's decision is not inherently binding, it may be if you so choose. In the event that both parties agree ahead of time to adhere to whatever judgment the arbiter makes, the final decision will go into full legal effect.
Filing a lawsuit is a common way of settling a legal dispute, but not always the best one. If you want to settle your personal injury case in a quick, quiet and effective manner, then arbitration might be the right solution for you.]]>On Behalf of Trecker Fritz & Williams, Attorneys at Lawhttps://www.treckerfritzlaw.com/?p=501092023-02-14T04:08:14Z2023-02-14T04:08:14ZWhat is bad faith insurance?
Insurance companies sometimes resort to unsavory tactics to avoid fulfilling the obligations detailed in their contracts with policyholders. You may have a substantial claim for damages if you suffer severe injuries and property damage in a car accident. When you have sufficient evidence to support your claim, adjusters sometimes use unreasonable tactics to avoid paying.
How to recognize when an adjuster acts in bad faith?
If you recognize bad-faith tactics, you can immediately take action by confronting the insurance company or speaking with a personal injury attorney. Some common examples of bad-faith tactics include:
Denying your claim without providing an explanation
Offering you unreasonably low compensation to undervalue your claim
Ignoring your attempts to communicate
Misrepresenting the contract language, nondisclosure provisions and terms to avoid making a fair payment
Using harsh or aggressive language that may seem accusatory to frustrate you
Remember that all insurance calls occur on recorded lines, and they will evaluate everything you say to search for anything they could use to divert blame. Be mindful of delays in the investigation into your claim or unreasonable requests for documentation they do not need to complete the process.
Mistakes are not the same as bad faith insurance, but you should speak up when an insurance company wrongs you.]]>On Behalf of Trecker Fritz & Williams, Attorneys at Lawhttps://www.treckerfritzlaw.com/?p=501072024-01-12T14:45:41Z2023-01-22T20:25:27ZGather relevant information
The first step in filing a slip-and-fall case is to gather as much information as possible about the incident. This includes taking photos of the scene, obtaining witness statements and getting medical attention for any injuries. It is also important to note the location of the accident, the time it occurred and the conditions that led to the fall.
Ensure the owner has liability
Property owners or operators may have liability for the accident if they were aware of the dangerous condition and failed to take appropriate action to fix it. However, you should note that a property owner may not be liable if the hazardous condition was an act of nature, such as a storm. Also, if you break the law, such as by trespassing, the property owner may not be liable.
Do not delay
It is also important to note that time limits apply to filing a slip-and-fall case. According to the Hawaii State Legislature, victims have two years from when an incident occurred to start a slip-and-fall lawsuit.
Ultimately, taking the necessary steps to protect your rights and seek compensation for your injuries is essential. Document the incident, and do not wait too long to file a case.]]>On Behalf of Trecker Fritz & Williams, Attorneys at Lawhttps://www.treckerfritzlaw.com/?p=501052022-12-19T15:40:43Z2022-12-14T20:18:24ZAddress the obvious
Regardless of where you are, always contact the police when an accident occurs. Law enforcement needs to investigate the crash, and you need to provide the same information and details as if the accident occurred in your home state. Write down all the important information concerning the crash:
The name of the agency investigating the crash
The insurance and contact information for the other driver
The contact information for any witnesses
The details of what took place with supporting pictures
You should seek medical attention as well for whiplash or other injuries. Use a facility in the state where the crash occurred and follow up with your primary care physician when you return home. You need to report the accident to your insurance company as well.
Figure out the next steps
When it comes to legal action, the law defines allowable recourse. For example, with an out-of-state incident, those seeking compensation have a requirement to file the suit in the state where the accident occurred or where the at-fault driver resides. This could mean contacting a lawyer who works in Hawaii if that is where you were in an accident.
Accidents occurring out-of-state get treated the same as in-state accidents. Get the appropriate medical attention, gather appropriate documentation and information, and pursue recourse according to the law’s provisions.]]>On Behalf of Trecker Fritz & Williams, Attorneys at Lawhttps://www.treckerfritzlaw.com/?p=500452022-11-22T19:11:45Z2022-11-22T19:11:45Zuse arbitration to resolve consumer disputes, family law matters, business disputes and labor disagreements.
If you find yourself in these circumstances, you might wonder whether arbitration is a suitable dispute resolution option.
The arbitration process
During the arbitration process, you and the opposing party present your sides of the legal disagreement. The neutral third-party arbitrator listens to the oral statements and reviews the documents and evidence provided. The arbitrator then issues a resolution or “award.” If they provide reasoning, this is a “reasoned” award; if they announce the decision without rationale, it is a “bare bones” award.
If the arbitration process is binding, then the arbitrator's decision becomes final and only appealable on narrow grounds. If the award is non-binding, the arbitrator’s decision only becomes final if you and the other party accept the advice.
Advantages to arbitration
There are extensive benefits to using a good arbitrator. Firstly, the arbitration process is faster and more straightforward than traditional litigation. Arbitration also provides more confidentiality and privacy than a trial.
Both parties agree to the arbitrator used, resulting in a fair outcome compared to a legal trial in which you cannot control the judge or jury selection. Arbitration also involves more simplified, adaptable procedures for the two parties present. For example, in some cases, the arbitrator does not have to apply the governing law or follow the federal rules of evidence.
Using a good arbitrator is crucial in resolving your legal issue through alternative dispute resolution methods.]]>On Behalf of Trecker Fritz & Williams, Attorneys at Lawhttps://www.treckerfritzlaw.com/?p=500462024-02-08T03:44:50Z2022-11-08T20:31:32ZAdrenaline
When you are in an accident, one of the first things that your body does is produce an increase in adrenaline. These hormones cause vasoconstriction, which is a decrease in blood flow to certain parts of your body. This can lead to a lack of pain sensation in the short term. If you experience a significant delay in your pain sensation, you may not even realize that you have an injury until later.
Symptoms
Because many injury symptoms do not come on right away, you have to know what to look out for in the days following a car accident. Back pain may indicate fractures, herniated discs and other issues. If you feel stiffness or pain in your neck, you could have experienced whiplash. Abdominal pain or swelling bruises can be a sign of internal bleeding.
Even if you do not feel any pain after a car accident, you should make an appointment to see a medical professional. By being diligent and getting help right away, you may have a smoother recovery.]]>On Behalf of Trecker Fritz & Williams, Attorneys at Lawhttps://www.treckerfritzlaw.com/?p=500472022-10-23T15:23:43Z2022-10-23T15:23:43Zbad faith.
What is an insurance rejection in bad faith?
Unscrupulous insurers may deny a claim after failing to conduct a thorough investigation. The final report may be missing key elements, including property damage.
Bad faith claims are not only those that fail to pay anything. Ones that grant significantly less than their true worth also qualify.
The deliberate misinterpretation of facts to limit payout further suggests wrongdoing. Other insurers may not explain the reasoning for the denial at all. Another hint includes taking an unreasonable amount of time to process a claim.
How does one know an insurance rejection is in bad faith?
Simply because an insurance claim receives a rejection does not mean misbehavior exists. Figuring out whether an insurer is making a reasonable argument necessitates policy analysis. The type of injury in question should receive explicit mention within the agreement. Identifying the relevant passage can be tricky. Insurance documents deliberately use convoluted language to enable denials.
Frustration abounds when a legitimate insurance claim receives an unjustifiable dismissal. The good news is that legal action may compel a coverage giant to reverse its ruling.]]>