Jun 26, 2015
Many consider insurance as a means to protect their assets, their lives, and the lives of their families, due to its nature of handling and managing the risk involved in unforeseen, unfortunate circumstances. It is a worthy investment to make and would, as it should, often save you a lot of trouble in the long run. After all, there is no definitive way to predict the future – all of its good and all of its bad and so it is the best thing to do to be prepared.
One of the things to be prepared for is the fact that your insurance provider may not exactly give you what you have originally signed up for. Though not all insurance companies follow this policy of aggressively withholding policyholders their due for one reason or another, there have been enough cases throughout the years in the United States of America that there have been laws put into place in order to protect the person buying the insurance policy from fraud or bad faith.
On this website, there are a few examples stated as circumstances that involve legal action against insurance bad faith such as the failure to properly investigate a claim, delaying or denying a claim for no valid reason, or not providing the coverage that had been agreed upon. These kinds of legal cases can be difficult to wade through since, even with the number of them, there are no two cases that are the same.
Every person has a different situation and policy to their name, therefore making the circumstances between each of the known cases is unique in their own right. This means that even researching on what to do, should you fall victim to bad faith, can hardly do you any good unless you know your way around this particular branch of the law and a courtroom against professional legal teams that represent insurance companies. There are, however, attorneys who do specialize in representing those who have their dues withheld for unjustifiable reasons.
There is help for you out there, should there be complications with getting your policy from your insurance provider.
Mar 16, 2015
When you first embark on a personal injury lawsuit, you may be amazed at how much work goes into it. A competent personal injury attorney in Atlanta would explain to you the steps involved in such a case, but the reality can still seem overwhelming.
The most important part in a personal injury lawsuit is evaluating the extent of the injury. One of the primary elements of a personal injury case is of course some type of serious injury. This does not mean just physical injury, though. It is now widely accepted that psychological and emotional trauma is just as devastating as a broken leg or a shattered spine. If both physical and psychological injury are in evidence, that will be included in the evaluation.
The medical evaluation will involve the compilation of all the medical records for past treatments, as well as the prognosis from the attending physicians regarding future consequences of the injury. This can include costs of psychiatric treatment, rehabilitation, mobility aids, life care for those who become permanently disabled, and any surgical requirements. It can take up to a year before all these documents are complete.
In the meantime, the personal injury lawyer is moving the legal process along. The lawyer will schedule a conference to set the deadlines for discovery (up to six months), depositions (witness accounts), and pre-trial motions. These all require extensive documentation and arguments before the court, all of which will determine if the case will be dismissed or proceed to trial. It can take up to two years before a case is even ready to go to trial.
At any stage of the pre-trial preparations, mediation may be requested or required. This is the point where the parties involved will try to settle the claim out of court. If the parties do not reach an agreement, then the case will go before the court. It can take 6 months or more before a case gets on the docket. A jury is then selected that will decide if the defendant is liable and what damages should be awarded. The trial itself will take two weeks or so before going to the jury.
Feb 7, 2015
Having diabetes can have extremely negative impacts in your life. It dictates what you can and cannot eat, as well as the need to regularly intake prescribed medication for your medical condition. It is the most unfortunate of circumstances then, therefore, when it is the medication for this health complication is the reason for more unnecessary struggles in your life.
Take Actos, for example. Actos is a drug that is commonly known to treat people with Type-2 diabetes, also called as ‘non-insulin dependent diabetes’ and is the most commonly known diabetes in the United States. Left untreated, this illness could be the cause of heart attacks or severe dehydration due to the misplaced glucose in the body. Actos is meant to countermand that but there have been studies that have shown that this drug meant to aid might also be causing severe harm.
According to reports gathered on the website of the lawyers of Williams Kherkher, there have been some recent studies that have showed a correlation between people who have taken Actos and then developed bladder cancer as a direct result of taking the medication. News like this can be devastating for anyone involved as it was also stated that many had believed this drug to have been a safer alternative to that of Avandia, another drug also meant to treat people with Type-2 diabetes.
Development of cancer due to a hazardous drug is a defect within the formulation of the drug, ergo the manufacturers are liable to answer for the side effects that this pharmaceutical has caused. Cancer treatments are known to have a scarring impact in the life of the victim and the victim’s family as it is the birth of complications of just about every nature, severely altering the livelihoods.
If you or someone you know is currently going through a similar situation, or has developed bladder cancer due to having taken Actos, it is advisable for you to contact legal aid immediately.
Dec 27, 2014
Divorce means that a couple decides to go their separate ways, and one of the contingents to this is the division of property, including assets and liabilities. All states have laws that determine how property will be divided, but these laws differ in significant ways. This is why the website of law firm Marshall & Taylor emphasizes the need to consult with divorce lawyers that practice in the relevant state. For example, if you reside in Raleigh and want a divorce, you should consult with an experienced Raleigh divorce lawyer.
North Carolina is an equitable distribution state, same as the majority of other states (38 aside from North Carolina). Equitable distribution means that any property accumulated in the course of a marriage will be divided fairly (equitably) rather than 50%-50% (equally). The presumption is one spouse may have contributed more to the acquisition of the property but it may not have been possible without the help of the other spouse.
For example, if one spouse worked so that the other may finish medical school, and that spouse’s income enabled the acquisition of property later on, the supportive spouse may still be entitled to a larger portion of the property because without his or her help, the other spouse would not have been able to acquire property at all.
In an equitable distribution agreement, the court may assign a percentage of the value of the total value of the properties to each spouse, so it is possible that some assets will go entirely to one spouse if it is within the percentage to which that spouse was assigned, while the other spouse will get other property that is likewise within the scope of the award. In many instances, spouses attempt to cheat the system by hiding assets, and this is illegal and can bias the court against that spouse, but only if they are caught.
If you are getting a divorce in North Carolina, it is important that you protect your rights to the marital property. Enlist the help of a divorce lawyer that will ensure that no assets are being hidden by your future ex-spouse, and to ensure that an equitable distribution takes place.
Sep 17, 2014
The United States may be more open with letting skilled workers into the country for employment. However, issues regarding the granting of green card for skilled workers have been growing as well, and the problem seems to be getting worse. Despite being drafted several times, the aim or easing the granting of green card has failed to pass the US congress. These have made the immigration of skilled workers into the United States even harder and take longer.
The Green Card is the legal document that the United States of America grants to people who wishes to live and work within the American border. Having a Green Card can prove to future employers as well as landowners/landlords security and proof that the person is legally allowed to work and reside inside the country. This has become a very essential document for anyone who wishes to move and work the US. However, according to the National Foundation for American Policy (NFAP), there has been little to no improvement on the prospects of acquiring this legal document, even to employment-based immigrants.
Many people in the US believe that letting in a lot of highly-skilled foreign nationals can cause unemployment for many US citizens. Despite this belief, the influx of professionals may even help in creating more job opportunities in the country. Presently, the wait for a Green Card lasts between 5 to 8 years, some even take longer. Many foreign nationals who wish to get into the US quicker may need to consult with an Austin immigration lawyer or any immigrant lawyer that is close to their area that can help them with the legal processes and help them in navigating the complex and intricate process of immigration. Because the laws regarding US immigration is a hot topic and various changes are being made, it is important to keep up to date and understand how you can properly and legally enter the country without waiting too long or spending too much.
Sep 16, 2014
For people who have disabilities, regardless whether it is of physical or mental in nature, can be eligible for financial assistance through various distinct programs offered by the Social Security Administration (SSA). These various programs and financial aids to help with everyday expenses can be given depending on your own specific situation or circumstance. Although these benefits are available, the difficult part is actually applying for it and receiving them.
According to the website of the Chris Mayo Law Firm, the main reasons why people with disabilities don’t receive their Social Security disability benefits is because the SSA carries a very exhaustive investigation and application process that be complicated to go through. This, however, should not be a reason to avoid filing for Social Security disability benefits. Consulting legal help, such as finding an Indiana Social Security lawyer (if you are living in the Indiana area), would make the application easier and more possible.
There are generally two requirements that need to be accomplished in order to qualify for Social Security disability benefit. First, a test that will check your recent employment that would determine the beginning of the disability, and second, the test to see whether your tenure in the company (or length of employment) is enough based on the SSA standard. The type of employment should be with those covered by the social Security, and the disability should be one of many listed and accepted by the SSA. The benefits are usually given on a monthly cash basis, and will continue until you will be able enough to return to work in a regular basis.
The laws and rules regarding Social Security disability benefits, and other benefits altogether, can be pretty much the same in each state of the US. Therefore, if you live in Texas, talking with a San Antonio Social Security lawyer may yield the same answers as with those in other areas. The important thing is finding the right lawyer who knows the laws and regulations or SSA and would be available to help with your application.
Sep 14, 2014
Assault is generally defined as the deliberate act of creating fear of imminent or offensive physical harm to a person by another. It can be considered as a misdemeanor or a felony crime, depending on the state. The crime of assault is carried out through the threat of physical harm together with an apparent, existent threat to cause harm. Because state legislatures are the ones that decide on what establishes assault, there may be certain differences among states, but statutory definitions of assault are generally the same in different jurisdictions of the United States. In order to have better understanding of the specific definition in your state, it would be better to consult a criminal defense lawyer that works in your area.
Even without the actual physical contact, assault can occur. In order for an incident to count as an assault, the threat of physical harm should be intentional and forthcoming. This, and the victim being fully aware of the threat directed at them are factors that would establish assault charges. Some acts may not be considered criminal assault despite the victim feeling threatened. It will not be considered assault if a person tells of planning on causing them harm in a later time, as well as threatening a person who is not aware of the danger being directed at them.
A specific type that is punishable in all states as criminal assault is aggravated assault. This happens when a person not only commits assault but also intents or actually succeeds in inducing serious physical injuries. This is often committed using a dangerous weapon, and this is often done with the intention to kill, rape, or rob.
The punishments that come with being charged of criminal assault can be heavy and long-lasting, and it can be especially difficult if the charges were without merit. Aside from compensation, punitive damages can also be given by the court. Consulting a Houston criminal defense lawyer is one way to ensure that those who are charged with assault are able to defend their side of the story and justify their actions. There various ways to defend an assault charge, but it is always with the help and guidance of a criminal lawyer. Because of the certain differences in each state r5egarding assault charges, it is recommended to consult criminal lawyers who are knowledgeable about the laws in your state.
Sep 12, 2014
Aside from the “profit” organizations surrounding the gulf area, non-profit organizations have also suffered from the effects of the BP Oil Spill. Everybody was affected by the disaster, and because of this, even non-profit organizations have the right to claim compensation for their losses.
The recent changes in the rules may permit non-profit organizations that have been denied in their earlier claim to be eligible and would let become qualify for claims again. Furthermore, a non-profit organization would be most likely to qualify for compensation if it was already in operation before the Deepwater Horizon oil spill occurred in April of 2012. Your claim for compensation can be made more valid if the oil spill caused the business or organization to close down because of the disaster. The location doesn’t even have to be at the beach – any country which is connected or touches the Gulf of Mexico can be eligible for a claim.
Although many people may say that having your accountant file a claim for your is enough, this may not always work out in your favor. Non-profit oil spill claim lawyers can be important, as their representation that could make for a stronger claim, and can make an appeal following a negative decision easier and smoother. Having a lawyer represent and fight for your claim in court can put your mind at ease.
Just as with any legal court processes, non-profit oil spill claim lawyers assess that a claim against Deepwater Horizon could take about six months, or shorter. Compensation for the claims is also high, and it is important to file a claim because otherwise the money that the BP had set aside for payouts will only be returned to them. It would be such a waste to not claim the money, because the compensation may not only help the non-profit organization but also the people who rely of these organizations and the local economy as well.
Sep 10, 2014
The state of California follows the “pure comparative negligence law” when it comes to shared fault personal injury cases. The amount of compensation that will be awarded will be reduced by the amount of percent of fault that you are held liable for the accident. Sharing a certain percent of fault for an accident will greatly affect the amount of compensation that you will be receiving. Californian courts are compelled to follow the shared fault law, nevertheless this is only when the case goes to trial. Out-of-court settlements with insurance adjusters may be a different thing, as they may question the law or even argue that you are to be blamed for the accident. In order to protect your right for compensation when this occurs, any Los Angeles personal injury lawyer would like you to know and understand how to properly navigate the case to your favor.
It is often the insurance adjusters that you are the one liable for the accident. In order to prove that you have the right for compensation, one thing that you can do is ask for proof of the adjuster’s claims. Request for documents such as statute, law, rule or regulation that the adjuster alleges apply to your case, and check to make sure it is true legal copy of the law or rule. Make sure that the submitted document really applies to your case, and not a general statement of a law that can be interpreted in various ways. If the insurance adjuster still denies any liability of their client, it may help to find an Anaheim personal injury lawyer or any legal consultation and representation to find other negotiation options.
Police reports can be used as evidence, however they are only reports given to the police after they have arrived on the scene of the accident. If this argument is used by the adjuster to deny their liability, you can reason back that the police report does not contradict your side of the story and that police officers who responded did not witness the whole accident. There are ways that the police report can be held as evidence against you, therefore having a lawyer to help you represent your side of the story is very necessary.
Sep 9, 2014
Workplace injuries occur thousands of times a year, and although most of these injuries are small and only require little medical attention, many of these are life-threatening or life-altering for workers. The accidents and eventual injuries that happen every year in the workplace can cost a company a lot of money in worker’s compensation, thus the importance of hiring the right person for the job and ensuring that the safety standards set up by the OSHA (Occupational Safety and Health Administration) is properly implemented and practiced.
When workplace accidents occur, it is often, but not always, the result of a work-related hazard, according to the website of a Rhinelander personal injury lawyer. Supervisors and managers are tasked with implementing safety trainings and preparations to ensure the well-being of their workers while they are employed, but the workers are also responsible in making sure that accidents are prevented by properly following these precautions and safety measures.
There are many practices that can be done in order to lower or ultimately prevent workplace accidents. One of them is to ensure that proper protective equipment is supplied and worn every time they go to work. This goes along with proper training on how to use this protective equipment. Another way to avoid any mishaps in the workplace is to make sure that the area is clean and well-maintained. Poor housekeeping can lead to various accidents such as slips, falls, and trips, fires, and wastes are prevented. Furthermore, a clean and clutter-free workplace enhances creativity and promotes a healthy work environment. Workplace driving accidents are also on the rise, and this is something that not only the workers look out for but also what employers should take into consideration. Aside from ensuring that company cars are regularly inspected and well-maintained, checking and ensuring that necessary repairs are made and everything is in top working condition.
There are instances where employers hire the wrong person for a particular job, and when these people are not familiar with their tasks, mistakes can happen that could lead to accidents and injuries. Being unsure of what to do in a worksite can put you and other people in danger. This is why it is important to properly screen applicants for a specific job to avoid such dangers. Because it is the company that will get the butt of personal injury lawsuits when their poorly-equipped new-hires cause accidents, WorkSTEPS recommends having a pre-employment testing. These examinations will help cipher through applicants and determine who is most well-equipped and capable for the position.
The aim of properly hiring the right worker for the job and the OSHA safety regulations is to reduce and prevent workplace accidents. These actions will not only protect the employee from getting into accidents as well as save the company from avertable expenses.