GilburgLaw - Attorney

Homeowner's Insurance

Most homeowners believe their homeowner’s insurance policy will take care of them if something goes wrong. Unfortunately, insurance companies have a direct conflict of interest with their insured and attempt to protect only their own interests.

At Gilburg, we take the homeowner’s side. We work with seasoned construction experts to make sure our clients receive all of the benefits they have paid for under their homeowner’s insurance policy. Whether the loss is due to water damage, fire, theft, vandalism or wind, homeowners are entitled to recover the full value of their loss under the policy they have purchased.

Insurance companies often attempt to pay as little as possible for these claims. Without proper legal representation, homeowners accept minuscule payments from their insurance companies and struggle to pay for the repairs they actually need. Once our attorneys review the case and develop the right legal strategy, clients are often able to pay for complete renovations with the contractor of their choice.

Our clients sometimes turn to us because their claim has been denied, even though their claim is completely valid. Insurance companies often find ludicrous reasons to deny the claims of their own insured homeowners, just to make a quick buck. At Gilburg, we stand up for the insured homeowners and fight to make sure valid claims are properly paid. Request a Consultation

Diminished Value

If your car was repaired after suffering serious damage, it may have lost a significant amount of value. That loss remains even after the repairs are complete. You are entitled to recover this value from the party who caused the damage. This loss is commonly referred to as a “Diminution in Value” or “Diminished Value” claim.

This type of loss is particularly troublesome when the damaged vehicle is a high-end luxury vehicle or a collectible item. Even after the best quality repairs, a car with negative collision history does not sell for the same amount as one without that history. Most people review a Carfax report or use a similar service before they buy any used vehicle. Once there is a smudge on the collision history, it becomes very difficult to sell that car for full price. The difference in value becomes even more apparent when the damaged vehicle is commonly purchased only by collectors or car enthusiasts.

Many insurance companies refuse to recognize these claims, even though the public knows they exist. California Case Law dictates that third party insurance companies are responsible for reimbursing claimants for the loss in value created at the hands of their insured. Insurance companies still deny these claims and advise claimants that “proper repairs” can fix everything. This is simply not true! A quick glance at the used car market demonstrates that vehicles with negative collision history do not sell at the same rate or for the same price as vehicles with clean collision history.

The attorneys at Gilburg work with seasoned industry experts to establish and recover the diminution in value sustained after a serious accident. If your car has suffered serious damage through no fault of your own, you are entitled to recover for the diminished value of the vehicle. Request a Consultation

Commercial Insurance

Most savvy business owners purchase Commercial Insurance policies to protect their businesses against different types of loss. Commercial policies can often be drawn to suit the specific needs of the business, unlike a more standard insurance policy such as an auto policy or a homeowner’s policy. Commercial Insurance policy holders feel that they can rest assured that in the event something happens, the insurance will pay for it.

However, no matter how impressive the policy may be, insurance companies continuously look for loopholes and technical reasons to deny these claims. Because commercial policies can be so nuanced, business owners often have trouble understanding what will be covered in the event of a loss. Unfortunately, as a result, commercial policy holders who have paid high premiums for their policies often times accept the wrongful denials created by insurance companies. Businesses must then suffer a business loss, despite attempting to prevent this from happening in the first place.

Commercial policy holders should turn to an experienced attorney who can review the policy terms and assess the best way to approach the insurance companies from Day 1. Once you have an experienced attorney handling the case, insurance companies are much less reluctant to deny the claim based on small technicalities or to reduce the payment due to the insured. At Gilburg, we make sure that businesses who have made the extra effort to protect against a loss receive the full amount of compensation they deserve. Request a Consultation

Personal Injury

Automobile Accidents
According to the National Highway Traffic Safety Administration, 2.3 million people were injured in automobile accidents in the year 2013. In the same year, 32,000 people lost their lives in automobile accidents. These statistics are striking, considering that most people get into their cars and drive on a daily basis without even thinking about it.

Although most people would rather not think about it, the risk of being injured in a car accident is quite high and worrisome. When these injuries happen, people are often at a loss for what to do. Fortunately, the experienced attorneys at Gilburg are available to help right away. We will file the claim, resolve the damage to your vehicle, and make sure you receive the compensation you deserve for your injuries. The only thing left for our clients to worry about is taking care of their personal wellbeing.

It is pertinent that once you are injured in an accident, you contact a skilled attorney. People often believe these claims to be “simple” and attempt to handle these claims on their own. However, when things get complicated, as they always do with an individual’s health and injuries, the injured don’t know where to turn. At Gilburg, we are available to assist you from Day 1 in getting the care you need and the compensation you are entitled to.

Slip and Fall
Clients often contact our office after they have suffered injuries as a result of a slip and fall in a public place. The first thing they focus on is the embarrassment they have suffered and how they want this whole thing to go away. However, people are often left with injuries and pain that persist long after the fall.

Without a skilled attorney on their side, victims of serious falls are unable to receive the treatment they need and the compensation they deserve. Our office handles these sensitive cases with care and with concern. We make sure our clients receive proper treatment and the compensation they deserve for the injuries and embarrassment they have suffered.

Dog Bite Attacks
Dogs make great companions, but even the friendliest of dogs may attack in certain situations. Even the most dog loving person might go into shock and lose their composure once bitten unexpectedly by a friendly pet. According to the American Veterinary Medical Association, if you are bitten by someone else’s dog, it is important to take the following steps:

Seek immediate medical attention to treat the would, either at an urgent care facility or emergency room.
Contact the local authorities – police officers, animal control – explain what happened.
Take down the owner’s name and information.
Take down the location and a description of the animal.

Once you have taken the preliminary steps to recovery, it is important to contact an attorney to see what your future options may be. Dog bites often leave lingering pain and symptoms, while dog owners may disappear or get rid of the dog. Request a Consultation

Auto Dealer Fraud

Most people are wary of used car salesmen. Car dealerships have used strategic marketing tactics to get around that hesitation and assure buyers that they can be trusted.

One of these marketing strategies is what is commonly known as the “Certified Pre-Owned” vehicle. Auto dealers market these vehicles as being rigorously tested and thoroughly inspected. Car buyers expect these cars to be of a higher quality than most other used cars and are willing to pay a premium price for these vehicles.

Unfortunately, Certified Pre-Owned vehicles are not always as superior as buyers think. Consumer Reports, a non-profit organization, recently published an article discussing this challenging issue.

Consumer Reports cited to a particular story involving a U.S. Military veteran who purchased a Certified Pre-Owned vehicle for his family just prior to being deployed. As it turned out, the safe vehicle he believed he had purchased had been in a serious collision that was purposefully not reported to Carfax. The vehicle was then sold as a Certified Pre-Owned vehicle, despite its mechanical and electrical issues. Request a Consultation

Insurance Bad Faith

Pursuant to Insurance Code Section 790.03, Insurance companies are prohibited from using unfair and deceptive practices in the course of their business. One of those unfair tactics is failing to provide a settlement in good faith when liability has become reasonably clear. In addition, insurance companies are prohibited from forcing claimants to initiate a lawsuit by purposefully offering an unreasonably low settlement amount. These code sections apply to all types of insurance, including homeowner’s insurance, automobile insurance, commercial insurance, long term care insurance, life insurance, and health insurance.

Despite the law specifically addressing these issues and prohibiting insurance companies from dealing in bad faith, Insurance Companies still regularly deny valid claims. An experienced attorney will be able to recognize when a cause of action has been created based on the unfair dealings of insurance companies. If in fact the Insurance Company has denied a claim in bad faith, the claimant may be entitled to a settlement amount well in excess of the original claim.

While these claims may seem intuitive, claimants need an attorney who is well versed in insurance language to examine whether or not a breach of good faith has occurred. These claims often lead to complex litigation, requiring extensive legal analysis and legal work.

At Gilburg, we offer a Free Consultation to evaluate whether you have been the victim of Insurance Bad Faith. Once we have determined that there is a potential cause of action, we handle these claims on a contingency basis, meaning there are no fees up front and legal fees are only paid at the end of the case if there is a settlement or verdict. Request a Consultation