Sunday, July 26, 2009

How Insurance Companies Don't Pay You For Your Claim and What You Can Do About It

You have paid you insurance coverage premiums for years without a claim. Now you have a claim, and are confident the insurance company will pay you the value of your claim immediately. The insurance company agent assured you that the policy fully covered you when you purchased it.

Reality versus your assumptions is about to set in. You have reported your claim and have provided all the requested details to your insurer. You wait patiently for confirmation of coverage. Sadly, you may be more likely to receive a letter denying your claim than a check.

Many of the insurance giants instituted a policy of denying claims in an effort to become more profitable. To encourage adjusters to find creative reasons to deny valid claims, some insurance companies started an incentive program where employees were rewarded for finding reasons to deny a claim. Common reasons for denial include paperwork errors and expiration of time periods for submission of documents.

Insurance companies have two major reasons to delay payment of claims. The first is, if the settlement is delayed long enough, there is a chance the policyholder may die before payment is made. If the policyholder dies, the process for collecting the funds becomes more difficult. The second reason is the longer the insurer delays in making payment, the more time the insurance company has to hold onto premiums and earn money on their investments. Not only do insurance companies delay payments, they also attempt to delay court proceedings. The insurer hopes the net result will be you give up because of the stress in continuing the fight or settle your claim for less than full value.

The final component of this strategy, defend, often begins with a low-ball offer. Some insurance companies have presented offers as low as $50 to claimants. Insurance companies have developed effective protocols for dealing with specific claims through experience and case law.

There are certain ways of protecting your claim:

- Read your policy thoroughly and be sure you understand what you are entitled to receive;

- Involve a lawyer as soon as practicable;

- Fill out forms carefully. A honest mistake can be used by the insurance company to deny your claim;

- Write letters or send emails rather than make phone calls to the insurer. Everything you say needs to be on paper as proof if you have to fight for your settlement;

- If the insurance company sends you a check for premium refunds because they are canceling your insurance, do NOT cash the check. If you do, this may be seen as agreement with the insurer's decision;

- Do not give up. Perseverance may win the day even if it takes a long time.

- Involve your Insurance Commissioner's office if the problem warrants it.

If your insurance company is utilizing the "deny, delay and defend" strategy against you, it is strongly recommended you contact an experienced insurance attorney to protect your rights.

Attorney Richard Hastings, for the past two and one half decades, has been helping injured clients and families collect millions of dollars in losses ranging from motor vehicle accidents to wrongful death, to medical malpractice. He is the founder of SelectCounsel, LLC, a free service that helps you find one of the best lawyers in your area and is the author of the books "How To Find A Great Lawyer" and "Understanding And Improving The Value Of Your Personal Injury Case."

Monday, July 20, 2009

Motorcycle Accidents and What To Do About Them

In a time when gas prices are steadily increasing, commuting by motorcycle is a tempting notion. Increased motorcycle registrations (6,227,146 in 2005) reflect this rationale, but, tragically, high fatality and injuries statistics accompany this trend.

In 2007, 5,154 motorcyclists died in accidents. In 1997, there were 2,116 fatalities. In the last decade, fatalities have more than doubled. In just one year, from 2006 to 2007, there was a 7 percent increase in fatalities. Since the Highway Safety and National Traffic and Motor Vehicle Safety Act of 1966 was enacted, approximately 142,000 motorcyclists have died.

In 2007, fifty percent of motorcycle fatalities resulted from collisions with another motor vehicle. The most common crashes involved a vehicle that turned left in front of a motorcycle which was travelling straight or passing the other vehicle. In about 78 percent of the fatal crashes, the motorcycle was hit on the front. A substantial number of fatal crashes occurred when both another vehicle and the motorcycle were travelling straight.

Motorcycles are more likely than passenger cars and light and large trucks to be in a single vehicle fatal crash with a fixed object. In 2007, 25 percent of motorcycle fatalities were from impact with fixed objects.

Caucasians suffered the majority (77%) of deaths, while African-Americans, Hispanics and Native Americans shared 17 percent of the fatalities.

Motorcycle crashes are two times as likely to happen on weekends versus weekdays. Ninety percent of the motorcyclists who died were operators and 10 percent were passengers.

Motorcycles with 501-1,000cc engines were involved in 41 percent of fatal accidents and 1,001 – 1,500cc size engines were involved in 38 percent. Of the motorcyclists killed in accidents riding 1,001 – 1,500cc motorcycles, two-thirds were over the age of 40.

Injuries sustained by motorcyclists have also been on the increase. In 2007, 103,000 motorcyclists suffered injuries, an increase of 15,000 from 2006.

The primary injury sustained in a motorcycle crash is a head injury. Studies have shown that wearing a motorcycle helmet, which meets the requirements of Federal Motor Vehicle Safety Standard 218, is the crucial factor in whether a motorcyclist survives a crash. In 2007, helmets saved the lives of 1,784 motorcyclists. Another study revealed helmets are 67 percent effective in head injury prevention.

The National Highway and Traffic Safety Administration estimates 19,230 motorcyclists survived crashes from 1984 to 2006 because they wore a helmet. Another 12,320 people would have lived if they had been wearing a helmet. In 2007 alone, the NHTSA predicts 800 people would not have died if they had been using a helmet.

Currently, 20 states, the District of Columbia and Puerto Rico have laws that make helmet use mandatory for motorcycle operators and passengers. Another 27 states have helmet laws with varying stipulations, such as a certain age, a specified period of driving experience time and medical insurance coverage for injuries sustained in a motorcycle accident. Three states have no laws whatsoever regarding helmet use.

If you, or a loved one, has been involved in a motorcycle accident, it is important you contact an attorney experienced with motorcycle crashes and traumatic personal injuries to receive legal advice and information regarding limitation times for filing a lawsuit.

Attorney Richard Hastings, for the past two and one half decades, has been helping injured clients and families collect millions of dollars in losses ranging from motor vehicle accidents to wrongful death, to medical malpractice. He is the founder of Selectcounsel, LLC, a free service that helps you find one of the best lawyers in your area and is the author of the books “How To Find A Great Lawyer” and “Understanding And Improving The Value Of Your Personal Injury Case.”
Please visit http://www.SelectCounsel.com to see how they can find you one of the best lawyers in your area for your serious injury or medical malpractice case.

Sunday, July 12, 2009

Birth Injuries Resulting in Medical Malpractice

Medical malpractice can involve the method and manner in which a doctor cares for the mother during pregnancy and delivers the baby. Failure to properly diagnose or properly treat various types of conditions or complications that arise during pregnancy can lead to devastating consequences that could include the death of the child, the death of the mother, permanent birth injuries or other related injuries. Birthing complications can be caused by: - Mismanagement of the pregnancy; - Failure to treat a dangerous situation; - Failure to respond to unusual bleeding; - Umbilical cord problems; and/or - Fetal distress of any kind. A long delivery can also have adverse consequences for both the mother and child. A protracted labor can cause brain injuries and even death due to any of the following situations: - A delay in extracting the baby; - Misuse of a labor inducing drug; - Improper use of a vacuum extractor or forceps; - Inadequate or late recessitation; and/or - Failure to properly monitor condition after birth. - Premature births often times result in complications for the child as well as situations involving emergency C-sections which in certain circumstances may be the basis of a claim for obstetrical malpractice. Other claims might also include other conditions such as shoulder dystocia, tracheal plexus palsy, cerebral hypoxia, erb's palsy, cerebral palsy, muscle injuries and scarring. If you or someone you know has suffered a birth injury you should contact an experienced medical malpractice lawyer immediately.

Attorney Richard Hastings, for the past two and one half decades, has been helping injured clients and families collect millions of dollars in losses ranging from motor vehicle accidents to wrongful death, to medical malpractice. He is the founder of Selectcounsel, LLC, a free service that helps you find one of the best lawyers in your area and is the author of the books "How To Find A Great Lawyer" and "Understanding And Improving The Value Of Your Personal Injury Case."

Please visit http://www.SelectCounsel.com to see how they can find you one of the best lawyers in your area for your serious injury or medical malpractice case.

Selectcounsel, LLC is a FREE national service that helps people with serious personal injury and medical malpractice cases find one of the best lawyers in their area to represent them. The lawyers we recommend are independently rated by attorneys and judges as being among the very best in their field of practice. Visit us at http://selectcounsel.com/ to see how we can help you find one of the best lawyers for your case

Tuesday, July 7, 2009

How Can I Improve My Chances of Winning My Medical Malpractice Case?

Many people who receive some type of bad result from a medical procedure immediately think they can sue their doctor for medical malpractice and obtain a large cash award. This is especially true when a family is upset with the doctor because a loved one has suffered greatly or has passed away after being treated at a hospital. Unfortunately, not ever case that results in a bad outcome is the result of medical negligence. Often times there are associated risks of any type of surgical or medical procedure that happen to a certain percentage of all people who undergo some type of medical intervention. However, there are many instances where a person or the family of an individual obtain a bad result which is the result of a medical error or doctor malpractice. These cases could include: · Surgical errors · Anesthesia errors · Improper diagnosis or misdiagnosis cases · Lack of informed consent · Medication errors · Delayed diagnosis Medical negligence cases are expensive to develop and take a long time. You can improve your chances of either settling your case or obtaining a favorable verdict by hiring one of the best medical malpractice attorneys in your area to represent you. These attorneys are known by insurance companies, judges and insurance company's lawyers and are known for taking solid, winnable cases which gives you case more credibility with all concerned.
If you feel you have been the victim of medical malpractice please contact http://www.selectcounsel.com/ to see if we can help you find one of the best lawyers in your area for your case. Attorney Richard Hastings, for the past two and one half decades, has been helping injured clients and families collect millions of dollars in losses ranging from motor vehicle accidents to wrongful death, to medical malpractice. He is the founder of Selectcounsel, LLC, a free service that helps you find one of the best lawyers in your area and is the author of the books "How To Find A Great Lawyer" and "Understanding And Improving The Value Of Your Personal Injury Case." Please visit http://www.selectcounsel.com/ to see how they can find you one of the best lawyers in your area for your serious injury or medical malpractice case.Selectcounsel, LLC is a FREE national service that helps people with serious personal injury and medical malpractice cases find one of the best lawyers in their area to represent them. The lawyers we recommend are independently rated by attorneys and judges as being among the very best in their field of practice. Visit us at http://selectcounsel.com/ to see how we can help you find one of the best lawyers for your case.