Between 2010 and 2019, commercial auto insurance payouts have increased by a whopping $20 billion. That data is based on a report shared by the Insurance Information Institute (Triple I) in collaboration with the Casualty Actuarial Society (CAS).

Even with the cost of insurance being on the rise, players in the sector continue to suffer losses. According to the Insurance Research Council (IRC) report, losses across insurance lines have continued to gain momentum at a rate that is not in tandem with economic inflation.

Factors Pushing Up the Cost of Insurance

While the focus of the Triple I and CAS report was on commercial auto insurance, it also reported similar trends in other lines of insurance such as premises liability, medical malpractice liability, and workers’ compensation. According to the report, negative public sentiment on big corporations, tort reform rollbacks, and litigation funding are the main drivers of this rise in liability costs.

Jurors also tend to be more sympathetic with the plaintiffs, which almost always influences their verdict. There is also a misconception that corporations and their insurer’s financial resources are unlimited, leading to verdicts far from realistic, with some being as high as $10 million.

Another factor playing a significant role in increasing payout and affecting the cost of insurance is litigation funding and lending. Funding a plaintiff’s case has become a big business that involves international hedge funds and other financiers. These parties fund a plaintiff’s injury claim ensuring they get the best legal assistance for a cut in the final payout.

In other words, lawyers will have to use every means of fighting for a high payout, which has caused litigation funding to evolve into a multi-billion dollar industry. Some experts estimate the litigation funding industry was worth $39 billion globally as of 2019.

International Legal Finance Association

Some states have attempted to create laws requiring full disclosure of all parties involved in litigation. However, litigation funders are fighting hard to maintain the status quo. In 2020, 13 of the world’s largest commercial litigation funders created the International Legal Finance Association (ILFA), whose aim is to champion their rights and push back on full disclosure rules.

Commercial auto insurance tops the list of the worst-hit line of insurance. According to the American Transport Research Institute, jury verdict awards grew at a rate of 33 percent every year between 2010 and 2018. During these years, inflation and health care costs grew by 1.7 percent to 2.9 percent, respectively. In a perfect world, the insurance rate should grow at the same rate as economic inflation and the cost of health care.

“Insurance providers are in the trade for the money,” says Attorney John Cooper of Cooper Hurley Injury Lawyers. “Insurance companies have no option but to increase their premiums to keep up with rising payouts.”

If the prevailing circumstances continue, insurance companies may stop certain types of covers. Every increment in cost passes on to the consumer causing a ripple effect on the national economy and creating conditions similar to the 80s liability crisis that saw some insurance companies facing the risk of insolvency.

Getting into an accident while driving someone else’s car can feel disastrous. Nobody wants to be in that awkward and uncomfortable situation, but it does happen. So what should you do aside from sinking in guilt and anxiety?

The concept of permissive use may be reviewed if such a situation occurs. This article will examine the permissive use rule in auto insurance and what it may mean for your situation.

What is Permissive Use in Auto Insurance?

Insurance advisor The Zebra defines permissive use as “the ability of other drivers — unlisted on your insurance policy — to drive your vehicle.” This refers to a situation where a driver who is not the vehicle owner is included and covered in a car insurance policy.

Permissive auto insurance allows a driver to use a vehicle even when they do not live with the owner or policyholder. The permissive user is granted infrequent vehicle use, often fewer than 12 times a year. While a family friend or neighbor would qualify under permissive use, an immediate family member living with the vehicle owner may be excluded and not afforded coverage.

Permissive Use in an Accident Involving Someone Else’s Car

If you get involved in an accident, no matter whose car you drive, call 911 to report the accident. You should also document the accident scene if possible. To determine if you fall under permissive use, you must first determine if the car’s owner included you in their auto insurance policy. If they did, you would automatically be covered by their insurance policy. As long as you have legal permission from the policyholder to use their car, you will have the same coverage as if it were the car owner involved in the accident. Unfortunately, if you are not included in the owner’s insurance policy and do not qualify as a permissive user, you will not be covered for liability insurance for the accident.

What Legal Options are Available?

So, after the accident, you have determined that you were included in the insurance policy of the original car owner. What legal options are available to you? Can you sue for the crash and the injuries that result from it?

“If you believe the driver who caused the accident acted negligently with no fault of your own, you could file a claim against them,” says attorney Joseph Kopfler of Kopfler & Hermann. You can file an insurance claim with their insurance company seeking compensation for damages. These damages may include:

• Past and future medical bills and expenses
• Past and future lost wages and benefits
• Permanent impairments and disabilities
• Mental anguish and emotional suffering
• Loss of enjoyment of life
• Out-of-pocket expenses
• Diminished earning capacity
• Decrease in quality of life

On the other hand, if you are partially at fault for the accident while driving a car that is not yours, car insurance still applies. In this case, the car owner’s insurance company would take liability for any damages you caused. Depending on the gravity of your actions, your compensation may be reduced to some extent.

Also, you may be able to sue the car’s owner for the accident. This is possible when an accident or injury is caused by the original owner failing to maintain their vehicle properly. This can especially apply if the owner was aware of a fault in the car and did not warn you.

Conclusion

We have looked at whether auto insurance will protect you or not in an accident when you are not the car owner. In the end, you will be covered if you fall under permissive use in the car-owners insurance. If you do not fall under their cover, you may not get any liability  insurance benefits.

When we talk about marital agreements, we mostly come across pre-nuptial agreements or marital settlement agreements, which are agreements between the couple before marriage. A less common type of marital agreement is a “Mid-nuptial” agreement. This is an agreement between spouses who are already married.

Although mid-nuptial agreements are less common, it is important to have awareness about the terms and conditions associated with them as this information is vital in certain situations. For instance, in cases of divorce or death of either of the married spouses, the terms of mid-nuptial agreements can change the rules applied on either spouse just like prenuptial agreements.

Conditions to be met for mid-nuptial agreements

To be a part of the mid-nuptial agreement both spouses must choose and consult with the attorney of their choice independently. Additionally, they must show all their attested assets and liabilities at the time of agreement. Furthermore, each spouse must review and explain those attested documents before signing the agreement.

Terms that can be included in the agreement:

Properties that can be included in mid-nuptial agreements are homes, business ventures, inheritance, investments, and properties bought before the marriage. In the agreement, both spouses will decide how this property will be divided in case of divorce or death of either spouse. The mid-nuptial agreement may include sections defining property and their division depending on the circumstances like death or divorce.

Also, the properties which were acquired jointly by both spouses during their marriage can be included in this agreement. These types of properties are considered marital assets under the divorce code. Both spouses can mutually decide what will happen with those assets if divorce should occur. This can save time and money in the long run because the agreement spells out what the parties intended when they were on amicable terms.

Debts of both spouses in the marital state can also be included in the mid-nuptial agreement. The agreement will determine what will happen with the couple’s debt if divorce or the death of either spouse occurs. This section of the agreement can also establish separate responsibility for the debts of one spouse including the possibility that each spouse is only responsible for the debts incurred in their name.

Mutual consent is a must in this agreement. It cannot be forced upon either of the spouses. The agreement will include a section regarding their mutual consent explaining that signing this agreement is a decision of their own free will. With the mutual consent of both spouses, a provision can be included in this agreement that will allow them to modify it whenever needed. In this case with mutual consent, the document will be drafted, reviewed, signed, and executed later in the marriage.

“Making a mid-nuptial agreement should be prioritized by married couples without any marital agreements, as mid-nuptial agreements have proven to be very helpful in cases of any unprecedented situations or unfortunate incidents mid-marriage” says attorney Nicole Bikakis from Dolan Divorce Lawyers.

Hire an experienced attorney:

Planning a wedding can be a very tedious task, and many couples fail to write a prenuptial agreement due to a lack of time, energy, or understanding of the importance of it. If you find yourself in this position, you can always create a mid-nuptial agreement between you and your spouse. For helpful guidance and to make the overall process easy and smooth, the best option is to hire an experienced attorney to evaluate your situation and circumstances and provide you with the best feasible option for your case.

If you work in or live near a factory that handles dangerous chemicals, exposure to such chemicals can result in illnesses or injuries. Business owners are responsible for ensuring that the chemicals they use at their facilities are used and disposed of correctly to avoid the possibility of inflicting harm on others.

If a premises owner neglects their duty to keep employees and the community safe, they can be held liable for damages resulting from contact with the dangerous chemicals.

If you suffer injuries from exposure to toxic chemicals, you may be eligible to recoup compensation for damages resulting from the harmful exposure. However, compensation does not come automatically. You must file a claim with the at-fault party and at the right time, usually determined by the statute of limitations which is the time-frame in which a claimant can legally sue for damages.

Statute of Limitations and Discovery Rule

Applying the statute of limitation is straightforward for normal accidents such as car accidents, slip and falls, and falls from heights because it runs from the date of suffering the injury. However, injuries suffered from exposure to toxic chemicals may be gradual and could take years to show.

Under such circumstances, the discovery rule comes into play. Under the discovery rule, the statute of limitations runs from the day the claimant is diagnosed with an injury or illness linked to exposure to the dangerous chemical.

Compensation as an Employee

If you suffer injuries as an employee, you are eligible to collect workers’ compensation benefits. Workers’ compensation operates on a no-fault basis. That means you could be eligible even when the exposure was partly due to your negligence, for example, failure to follow safety protocol.

Under workers’ compensation, you can only recover economic damages such as lost wages, medical bills, cost of therapy, and prescription medicine. The workers’ compensation claims process is pretty straightforward in states like South Carolina, meaning you can navigate it without an attorney.

However, if the harm resulted from your employer’s intentional conduct, you may need to contact a Columbia personal injury lawyer to help you sue them personally for personal injuries. Under such circumstances, you can recover non-economic damages and even punitive damages.

Compensation for Non Employees

If you live near a factory that handles dangerous chemicals and consequently suffer any kind of harm, you can file a personal injury lawsuit against them. Unlike workers’ compensation coverage which limits recoverable damages to economic damages, you can recoup both economic and non-economic injuries through a personal injury lawsuit. Non-economic injuries include pain and suffering, disfigurement, disability, and psychological pain.

If the exposure affects a large group of people, your lawyer can initiate a case for you as a primary person and then accept other victims in this case. This kind of arrangement is referred to as a class-action lawsuit. Once a settlement is reached, the payout is subdivided among class members depending on damages suffered.

Class action lawsuits can be complicated but are an excellent way of cost-sharing when seeking justice. However, it will require working with an injury attorney that has a record of handling similar cases.

If exposure results in death, beneficiaries of the deceased can file a claim for wrongful death. Recoverable damages in a wrongful death claim resulting from toxic chemical exposure can include loss of a source of livelihood, medical costs, funeral costs, grief, loss of companionship, etc.

Personal injury claims are a common type of court case. As the name implies, these types of claims deal with an individual’s injuries resulting from an accident, such as a car accident or on-site job accident.

Personal injury claims aim to provide compensation for an individual’s injuries. Ideally, the compensation should be generous enough so that you are returned to your financial status before the accident, as you may be unlikely to return to your previous physical state.

What Constitutes a Personal Injury Case?

One of the primary components for personal injury claims is that there needs to be an at-fault party. That is, an individual, company, etc., must be directly responsible for your injuries.

If no one is directly or indirectly responsible for your injuries, you are unlikely to receive any compensation or file a claim. This will also be the case if there was no way to predict the chain of events that led to your injuries.

Talk with a personal injury attorney to see whether your circumstances meet the criteria to move forward legally. An attorney will analyze the chain of events and determine if there were at-fault parties, the extent of responsibility they may have for your injuries, and the amount of compensation your injuries are worth.

How Much Are Personal Injury Claims Worth?

Each person’s compensation for a personal injury claim varies according to several factors, such as the extent of the injuries, the amount of responsibility each party bears, and the level of insurance coverage each party has. The amount of compensation differs for each personal injury case because each claim is different.

There are three basic types of damages an individual may be able to claim:

• Economic Damages — These damages cover an individual’s financial losses, such as medical bills, the cost of medications or therapy, loss of income or future earning potential, and travel expenses to a doctor or physical therapist
• Non-Economic Damages — These damages cover the pain and suffering an individual experiences from their injuries, such as physical pain or discomfort, temporary or permanent disabilities, and reduced quality of life
• Punitive Damages — These damages compensate an individual for the other party’s negligence or wrongdoing, such as in the case of an accident that resulted from another driver’s intoxication or impairment

Not every type of damage is applicable for all personal injury cases. Economic and punitive damages may be appropriate for one injury case but irrelevant for another.

Additionally, each state has specific laws surrounding personal injury claims, reducing the compensation you are eligible to receive. This is especially true for comparative fault laws, which reduce an individual’s compensation proportionately to the degree of responsibility that person bears for the accident or their injuries. So if you are at fault for the accident in any way, it will reduce your compensation.

How Do You Provide Proof of Fault?

The burden of proof rests with the plaintiff, typically the injured individual, to prove that the defendant was responsible for the accident that caused the injuries in question. For personal injury cases, the standard is providing enough evidence that it is ‘more likely than not’ that the defendant is responsible.

Proving responsibility is typically tied to negligence. That is, you need to prove:

1. The defendant was negligent.
2. That negligence caused an accident or other chain of events that injured you.
3. You sustained short- or long-term damages because of the injuries.

Evidence to prove negligence varies according to each case. Examples of evidence include police reports, photographs or videos of the accident, statements from eyewitnesses or involved parties, and copies of medical records or testimony from a doctor.

While it may seem inherent that the marriage and divorce rates in the U.S. tumbled during the pandemic with the courts and wedding venues shut down, a new study from Bowling Green State University indicates the impacts of COVID on American couples were even more significant than predicted.

Bowling Green’s Center for Family and Demographic research analyzed five states that released their monthly marriage and divorce rates from last year: Arizona, Florida, Missouri, New Hampshire, and Oregon.

Analyzing the Data

Florida, the largest state in the study, saw a 33 percent drop in the marriage rate and a 28 percent drop in the divorce rate. Although Florida’s marriage and divorce rate decline was the steepest out of the five states analyzed, researchers at Bowling Green were able to aggregate trends from all five states and apply them on a nationwide scale.

Results from this analysis indicate that 339,917 marriages and 191,053 divorces were either canceled or postponed in 2020. Considering that in 2019 there were around two million marriages and one million divorces, this data depicts that the overall marriage rate dropped by over 15 percent in 2020, with the divorce rate declining by nearly twenty percent, an astonishing figure.

Drawing Conclusions

These results contradict a widespread sentiment amongst researchers and academics during the pandemic. Many believed that the complications and proximity forced upon couples in quarantine would compel many more to divorce.

Furthermore, the marriage and divorce rates did not see a sizable rise once restrictions were minimized in most states at the beginning of the summer, suggesting a lack of pent-up demand from quarantine. While this trend is not valid in every state, as Arizona did see a sizable uptick in marriages and divorces after the spring of 2020, it is clear that United States couples felt overall less inclined to commit to marriage or separation once COVID began.

Evaluating the Cause

Although we hope the reason behind the prolonged drop in marriages and divorce is because couples were, and continue to be, happier after lockdown, this is most likely not the case. Many family law attorneys have identified the financial aspect inherent in marriage and divorce as the reason behind the decline. Attorneys and other professionals in the field claim that practical fiscal responsibility dominated couples’ decision-making under the uncertain conditions of the pandemic, supplanting the desire to throw a wedding reception or file for divorce.

Happy couples were willing to wait until life returned to normal before they had their ceremony. Separating couples wanted to ensure their finances were stable before beginning the resource-draining process of divorce. In both cases, couples felt like they were in limbo, ultimately permitting more time to evaluate their initial decision.

Going Forward

In the future, it appears as though this drop in the marriage and divorce rate will continue, as many Americans have permanently changed their perspective on traditional marriage. Before the pandemic began, marriage and divorce rates had already been declining for years. Considering that in 1980, the divorce rate was 22.6 per 1,000 married women, and in 2019 it was only 15.5 per 1,000 married women, it is clear younger couples have less of a desire to get and stay married.

Previous studies have also shown that younger couples wait longer to tie the knot. Additionally, those who choose to get married are typically more educated and more affluent than the average American. Ultimately, the institution of marriage is under more scrutiny than ever before, as the pandemic exacerbated the already declining occurrence of marriage and divorce.

Laura Schwartz is a licensed Realtor in VA, D.C. and MD with McEnearney Associates in Vienna. You can follow Laura on Instagram at @LauraSchwartzRealtor or her Facebook page. Laura can be reached at 703-283-6120 or [email protected]

May 1st marked the opening of strawberry picking season!

Most of the patches will be open by mid-May for the month and into early June or until everything is picked! Many of these farms also offer other food and treats, so make the most of your adventure!

• Messick’s Farm in Bealton, Virginia: Check their Facebook page for updates on the availability of U-pick. They don’t require reservations, but you will have to use their baskets for picking which are $4.99 per pound. While Messick’s has their own custard and availability of treats, you can also make a trip to Moo Thru — an ice cream drive-thru.
• Wegmeyer Farms in three locations in Hamilton, Aldie and Leesburg, Virginia: They have strawberry picking by appointment, which opens up the night before and fills up fast. Make sure you follow them on Facebook for the most up-to-date information. Don’t miss their donuts! They hope to be open by Sunday.
• Hidden Gems Farms in Centreville, Virginia: Their strawberry picking will start soon (check the website for opening info) and they’ll have blueberry picking this summer. They also have other activities like playing with goats, plus food like donuts, bread and cheese.
• Hollin Farms in Delaplane, Virginia: Hollin Farms will open in late May for strawberries and spring vegetables. They have a lot of other fruit throughout the year as well.
• Butler’s Orchard in Germantown, Maryland: Reserve strawberry picking by appointment later this month. Reservations go live on Sundays and Thursdays at 5 p.m., so keep an eye out on their website! Walk-ins are welcome if there’s availability. Be sure to check their website for more details.
• Shlagel Farms in Waldorf, Maryland: Shlagel Farms is open now for strawberry picking! They update availability on their Facebook page.
• Swann Farms in Owings, Maryland: This farm is opening in the next 2 weeks for berry picking now! Check their website for updates.

The preceding sponsored post was also published on FFXnow.com

Laura Schwartz is a licensed Realtor in VA, D.C. and MD with McEnearney Associates in Vienna. You can follow Laura on Instagram at @LauraSchwartzRealtor or her Facebook page. Laura can be reached at 703-283-6120 or [email protected].

Peak cherry blossom viewing is underway in D.C., which means lots of visitors and no parking.

If you’re thinking of visiting the blossoms, here are some tips to help make the visit enjoyable and easy.

Go early. Crowds start to form throughout the day, especially on weekends, so early birds get to see the sunrise along with the blossoms.

You can book parking in advance using the SpotHero site. It will tell you the price and distance in advance. Be prepared for traffic though.

You can take the metro, a fun bonus if you have kids who haven’t taken the metro in years or ever due to COVID. You can get off at the Smithsonian or L’Enfant Plaza stops and walk.

Another easy way is to valet park at the Mandarin Oriental Hotel. I believe it’s $39 and cash only, but they have an easy access that’s 1 block to the Tidal Basin.

If you’re looking to avoid the crowd, don’t forget that Meadowlark Botanical Garden also has cherry blossoms that bloom a few days after the D.C. ones.

Other events if you’re really into the Cherry Blossom Festival:

Do you have another insider tip? Please share it below!

The preceding sponsored post was also published on FFXnow.com

Laura Schwartz is a licensed Realtor in VA, D.C. and MD with McEnearney Associates in Vienna. You can follow Laura on Instagram at @LauraSchwartzRealtor or her Facebook page. Laura can be reached at 703-283-6120 or [email protected].

This is your friendly reminder to take care of your home. Here’s a handy checklist of things I recommend to keep your house humming along smoothly:

Clean your gutters

• Recommended vendor: Maple Leaf Rain Gutter Service or Gutterman Services

Clean your windows and screens

• Recommended vendor: E & R Services

Mulch, weed, prune trees

• Recommended vendor: Michael’s Lawn Service

Service your HVAC System

Recommended vendor: Mannix HVAC

Check your chimney (it should have a cap on it which can sometimes blow off if it’s really windy like we’ve had this winter)

• Recommended vendor: Chimney Doctor

Reseal driveway if you have an asphalt driveway

• Recommended vendor: Collegiate Sealers and Paving

Don’t forget you can always download my free vendor guide if you have other repairs you want fixed!

One other thing… if you’re waiting for spring to list your home, don’t. The market is moving very quickly right now for a seller and with more inventory usually coming on the market in April and May, don’t wait. I met with someone this morning to list their home and it’s going to be on the market next week. That’s how fast I can turn it around. The only market we can predict is the one we’re in!

The preceding sponsored post was also published on FFXnow.com

Laura Schwartz is a licensed Realtor in VA, D.C. and MD with McEnearney Associates in Vienna. You can follow Laura on Instagram at @LauraSchwartzRealtor or her Facebook page. Laura can be reached at 703-283-6120 or [email protected].

The snow last weekend was not an appreciated visitor in my house. I’m looking forward to those 70 degree days ahead.

If you’re looking to explore a new place to dine, these are my personal favorites for best outdoor dining options. If you disagree, please feel free to comment below!

• Best Ladies Night Out — Bear Branch Tavern
• Best Date Night — Clarity
• Best Family Friendly Spot — Taco Bamba/Mod/Foster’s Grille plaza (even the pickiest eaters can find something)
• Best Place to Watch a Game — Vienna Inn
• Best Lunch — The Sandwich Shop
• Best Breakfast — The Virginian
• Best Coffee — Tie between Simply Social and Caffe Amouri
• Best Pizza — PizzaRoni, Tony’s or Santini’s (Oakton nod!)
• Best Margarita — Mama Tigre
• Best Causal Meeting Spot — Caboose

We’re lucky in Vienna to have so many good restaurants, but not all of them have outdoor seating unfortunately. So there are plenty of other restaurants that I love, but this is just a focus on outdoor seating options.

What did I miss?

The preceding sponsored post was also published on FFXnow.com