Insurance Law Attorneys Directory

Confused About VA Claim And Appeal Denials? You’re Not Alone

Posted by on 1:02 pm in Uncategorized | Comments Off on Confused About VA Claim And Appeal Denials? You’re Not Alone

Dealing with the Veterans Affairs (VA) claim and appeal system can be a major challenge. Many veterans struggle to tailor their claims paperwork to match the VA’s requirements, but disconnects in what the VA needs and what the veteran can prove may mean months of waiting, only to receive a denial or a request for better information. To understand why denials happen and to make your appeal more successful, take a look at the VA decision process and ways that a legal professional could help. Denied? But The Pain Is So Real For many veterans, the decision to seek disability doesn’t come lightly. Many veterans are fortunate to leave the military in one piece, but some mark their departure after a close call or when their body just can’t keep up anymore. Even though the military can sometimes have an aura of pushing forward, it also has a spirit of doing the right thing to avoid impacting the team and needlessly ruining yourself. The goal of getting disability from the Department of Veterans Affairs is actually fairly simple; prove that you were injured or otherwise afflicted during military service, and then prove that you still have a problem. This proof creates what is called a service connection. Your injury or condition must be connected to military service and verified by documentation to receive benefits. Although the goal is simple, getting that proof is tough. The best chances at getting claim approval is to either be severely or obviously injured in the military to the point of getting a medical discharge or to start working on your disability paperwork while you’re still in uniform. Some veterans are able to leave the military at a comfortable duty station with enough time to organize their paperwork. Other service-members may mark their last days in uniform by rushing from a ship, flying home from a remote location or flying to a debrief from a combat zone. If you didn’t have time to prepare your paperwork, there may be some disconnects in your proof. A Lawyer May Be Needed To Fill The Gaps Do you have a medical record that shows exactly how your condition started? If you’re dealing with a disease or complex condition, do you have supporting evidence that shows your exposure? Some veterans were exposed to harmful substances or hostile environments without an administrative building to thoroughly document the exposure. If you don’t have the documentation, you’ll need to make the documentation as fast as possible. The longer you wait, the more it may look like your condition was caused by civilian events, not military events. If you’re working on an appeal after years of military service and think that you’re missing vital information, contact a personal injury lawyer immediately. An injury lawyer can research parts of your military career and compare your situation against similar claimants. If there’s anyone who could have had the same exposure as you or some document that could verify your condition, a lawyer’s resources and information organization skills can craft an appeal that is airtight. You’ll have an easier time getting an approval or an increased rating if you have a legal professional on your side. Contact a personal injury lawyer to push for a more successful VA disability...

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Ways You Can Have Your Business Contract Cancelled

Posted by on 6:07 am in Uncategorized | Comments Off on Ways You Can Have Your Business Contract Cancelled

After your company has entered a contract with another business, you may discover that you may not be able to meet the terms of the contract or you may realize that the contract is not in the best interests of your company. Fortunately, there are some ways you can get out of a contract without facing any penalties. Contact the Other Party Begin by contacting the company with whom you have the contract. Sometimes, in an effort to maintain a healthy business relationship, the other company may be willing to agree to have the contract nullified or may only charge you a small fee. The business may provide you with its own cancellation form or you may need to draft your own cancellation letter. The cancellation letter will include your name, contact information, the specific contract you would like to cancel and a clear statement that you are canceling the contract. Draft an Agreement You may then want to draft an agreement that both of you sign verifying that the contract has been nullified. Write an agreement that stipulates that both parties agree to have the contract canceled. Then, in the presence of a notary and your attorney, both you and other party should sign the contract. Make sure that your attorney looks over your contract before signing it. Have Your New Contract Cancelled Legally If you recently signed a contract, you may be able to get out of the contract depending on the state you live in. There is sometimes a cooling-off period. You will need to fill out forms and the state will then send a legal cancellation notice. Look for a Material Breach When the other party refuses to have the contract nullified and the penalties for canceling the contract are severe, you should consult with an attorney regarding how you can minimize the impact of the contract’s cancellation. By looking through the contract thoroughly, you may be able to identify a way in which there was a material breach. This is a violation that strikes at the heart of the contract. For instance, if you were promised several services, but you did not receive one of them, this would be considered a material breach. The material breach will allow you to choose to not uphold your end of the contract. If there is evidence of fraud or if the contract is found to be impossible to perform, this would also be grounds to have your contract nullified. You may also be able to seek damages. For more information, contact a law office like...

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FAQs Of A Conservatorship For A Mentally Incapacitated Parent Or Child

Posted by on 7:47 am in Uncategorized | Comments Off on FAQs Of A Conservatorship For A Mentally Incapacitated Parent Or Child

Sometimes, estate planning is not limited to just yourself. If you have a child or parent who is mentally incapacitated, you might have to make decisions for him or her. In order to do this, there are a few legal steps you need to take to ensure that you have the right to make estate plans for him or her. Here is what you need to know.  Can You Create a Power of Attorney? Even though a child or parent is mentally unable to make decisions on his or her own, you are not automatically granted the right to do so. This limitation applies to creating a power of attorney. In order to gain the right to create a power of attorney for your child or parent, you need to seek conservatorship. What Is a Conservatorship? Conservatorship gives you the right to manage your parent or child’s affairs. This is an option if your parent or child has not had the chance to make any estate plans. In some states, conservatorship is known as adult guardianship.  Should You Request Conservatorship? Whether or not conservatorship is debatable. The process can take time and be expensive since you have to go through the court to be approved as the conservator. You also are required to keep records of every transaction conducted in the name of your child or parent. Those records must be filed with the courts so that they can be reviewed on a regular basis.  However, conservatorship does have its advantages. It is an opportunity for you to ensure that your parent or child’s needs are met. You can also establish a power of attorney that can be used in the event that you are unable to manage his or her affairs. In addition to these benefits, a conservatorship helps to ensure that others are not taking advantage of your parent or child.  How Can You Become a Conservator? To become your parent or child’s conservator, you need to file a formal request with the court. In your request, you need to explain why it is necessary and why you are the best choice. Documentation to support your claim as to why a conservator is needed should be provided. For instance, if it is due to your parent or child’s mental state, a letter from his or her treating physician can help support your claim.  To assist you in your attempt to gain a conservatorship, work with an estate attorney like Albert & Slater PS. He or she can help you file the documentation necessary and help create the power of attorney you were originally...

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3 Common Mistakes To Avoid During An Auto Accident Claim

Posted by on 8:11 am in Uncategorized | Comments Off on 3 Common Mistakes To Avoid During An Auto Accident Claim

If you’ve been in an auto accident and the other driver was clearly at fault, you may think you’ve got this case in the bag. Unfortunately, there are a number of mistakes that can be made during this process which can impact the settlement amount you receive. Below are three mistakes you can make as an auto accident plaintiff and how you can avoid them. Poor Communication As your lawyer is your main line of communication between you, the other party, and the legal system, it’s vital that your communication remains constant and consistent with them throughout the case. Lack of communication on your part can get you and your attorney into some sticky situations making it more difficult for your attorney to rally for you. Withholding important information, whether purposely or not, can be the downfall of your case. So, how can this be avoided? Luckily, an experienced auto accident attorney will know all of the questions to ask making it less likely for important information to be left out. You can also request a weekly consultation with your attorney, either by phone, in-person, or through email, that keeps you updated on legal measures and him updated on medical and other factors in your life that can affect your case. Social Media Activity Insurance companies will do all that they can to lessen the settlement amount that they’re required to pay which is why it’s important to be vigilant when it comes to posting anything on your social media accounts. It’s generally a good idea to refrain from discussing your auto accident case with anyone, but it’s also important to be aware of other things you post during this time. If you claim a back injury, for example, but spend the day at the fair and post about it on Facebook, the opposing side can use this against you. Sure, you may have been in a wheelchair all day and just enjoying the food, but these activities can sometimes be twisted into more making it difficult for your attorney and yourself. Taking a break from social media during this time can be helpful, but if you’d rather not, asking your attorney which posts are okay and which aren’t can be just as good. Going Against Medical Advice When you’re injured in an auto accident, the defendant’s side will be looking to downplay your injuries or otherwise discredit them. This makes it important to follow all of your doctor’s advice to a tee. Going to all scheduled appointments and seeking all required treatments is the best thing you can do at this time. Your attorney will handle all of the legal aspects of the case, and it’s your job during this time to focus entirely on your healing. This process may include regular appointments, prescription medications, and visits with a physical therapist. Whatever your doctor orders pertaining to your injury should be followed so the other side cannot claim your injury isn’t as bad as you say. Remember that medical records can be obtained through a process called discovery, so the defendant’s side won’t be unaware of what you should be doing. If you’ve been in an auto accident, it’s important to follow the advice of your lawyers and your doctors exactly. This can help to greatly boost your...

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How To Fight A Theft Of Services Charge

Posted by on 11:15 am in Uncategorized | Comments Off on How To Fight A Theft Of Services Charge

When you take your car through a drive-thru, you may later discover that you do not have enough money to pay for your meal. Your answer might be to simply drive away without paying. However, doing this can be considered a crime known as a theft of service. If you are then accused of this crime, you will need to be prepare to fight the charges because the penalties might be more severe than you think. Defining Theft of Service A theft of service occurs when you request a service without the intention of paying for it. This crime would be considered a misdemeanor. This type of charge most often occurs when ordering food from a restaurant, bar or nightclub. Common Defenses Depending on the nature of the business, you may try to argue that you did not anticipate needing to pay for a meal. For example, if you believed that the bill was already paid for by someone else, but you were misinformed, this may be used to prove that you did not have the intention of stealing. You may also believe that you were being provided a service for free and was not notified that you would be expected to pay for it afterward. When Defenses are Futile Many services are provided with the assumption that you will pay for the service after it has been rendered. Consumers are expected to pay for meals after they have been ordered at a restaurant, for example. If a gas station does not require pre-pay, it is assume that the driver will pay for the gasoline afterward. Therefore, if it was obvious that you would be expected to pay, it is better to focus on having your charges reduced rather than getting them dismissed altogether. What Charges You Can Expect Being charged with theft of service can lead to you spending up to a year in prison. However, for a first time offense, it is more likely that you will not spend any time in jail. In some states, you may be able to take an anti-theft class that will allow for you to have the charges dismissed afterward, which can prevent the theft from going on your permanent record. Why You Should Fight the Charges To be charged with theft of service, you will have the theft on your permanent record. This can negatively effect your employment opportunities. For this reason, even if you are not seriously concerned with the criminal penalties, you should still consult with a criminal defense attorney (like those at Cross, LaCross, & Murphy PLLC) and try to have the charges dropped....

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Planning A Celebration That Involves Alcoholic Beverages

Posted by on 10:25 am in Uncategorized | Comments Off on Planning A Celebration That Involves Alcoholic Beverages

Throwing a celebration for your friends and family can be a lot of fun, but it does come with a lot of responsibilities. This is especially true if you plan to serve your guests beer, liquor and wine. When alcohol is involved, there are several steps that you can take to ensure that your guests don’t get overly intoxicated or attempt to drive home drunk. Assign a Bartender You don’t need to go out and pay top dollar to have a bartender work your party, but you should have someone designated to serving the drinks to your guests. Allowing your guests to serve themselves can, and probably will, lead to over-intoxication. Have someone that you trust serve the drinks so that drinks aren’t poured too heavily and those who are drinking too much can be slowed down. This will also help to prevent underage guests from getting their hands on alcohol and putting you and themselves at risk of underage drinking charges. Plan a Menu Drinking on an empty stomach is dangerous. Not only does it contribute to over-intoxication, but it can increase the chances of alcohol poisoning. Provide your guests a variety of foods to eat during the party. Leaving a buffet of food out all day/evening will help to keep your guests eating as they drink. Another thing to consider is limiting the number of salty snacks that you serve. If you place bowls of chips, pretzels and peanuts out, your guests will continually be thirsty. This will increase the number of drinks that they have. Provide Transportation In some areas, having the number of the local taxi service is the best option, but not all rural areas have taxi services to turn to. If this is the case, have a few good friends designated to be drivers for the day/night. You don’t want anyone to drive away from your party after having a drink too many and taking someone’s life or losing their own. Plan for Sleepovers There may be a guest or two that consumes too much even after you take all of these precautions. Have some sleeping bags and pillows on hand for the guests that have had too much to send home. Taking these precautions and planning for a safe, fun celebration will help you to keep yourself, your family and everyone who attends your party safe. Talk with some trusted friends to find the ones that are willing to help you make your celebration a success. If you’re looking to purchase liquor, visit Arizona Liquor Industry...

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10 Workable Tips For Custody Arrangements

Posted by on 6:45 am in Uncategorized | Comments Off on 10 Workable Tips For Custody Arrangements

If you and your spouse have decided to divorce, creating a useful and fair parenting plan should be a top priority. Your children need special attention during this stressful time, so set aside your differences with each and come together to craft a plan for custody and visitation yourselves. Making your own agreement will save time and money and help ensure that you have a custom-made plan in place for your children. To guide you, read below for 10 workable tips for custody arrangements: 1.  When you begin, start with issues that you both can agree on, such as school choice. You can set the tone for more successful future issues. 2.  Make a realistic plan based on your work schedules and finances. You cannot be in two places at once, no matter how much you want to be with your child. 3.  Create a plan that causes the least amount of upheaval for your child. Erratic or complicated schedules lead to extra stress for you and a loss of stability for your child. 4.  Build some safeguards into your plan. Children can get sick, cars break down, and weather happens. Try to have a back-up plan for picking up, dropping off and a list of people who can jump in when a scheduling crisis occurs. 5.  Work a plan out that takes the child’s viewpoint into account, but don’t place an adult burden on a child by making them decide who they want to be with and when. 6.  Don’t set up restrictions for your child’s contact with the other parent while they are with you. Your child needs to know that they can count on both of you, no matter whose home they’re in. 7.  Set up a plan or method of passing important information about school events, vacations, social obligations like birthday parties, etc. Online (shared) calendars provide a convenient method to keep up with your child’s life. 8.  Children love routines, so make a provision for each parent to follow the same routine in each house for homework times, bedtime, meals etc. 9.  Include provisions for an extended period of illness or incapacitation. For example, you could stipulate a grandparent to take your time with the child, or allow the other parent to fill in. 10.  If your child is old enough to drive, be more flexible in arrangements and be prepared for the teenager to exert their preferences more often and more strongly. Teenagers naturally prefer to spend time with their friends. Any plan or arrangements that you and your spouse can agree upon prior to going to divorce court, whether it be child custody or property division, will save you time, money and stress. Contact a divorce lawyer for more information on implementing your parenting agreement. Contact a professional such as Tolman Kirk Clucas PLLC to learn...

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Don’t Make These ERISA Mistakes

Posted by on 3:23 am in Uncategorized | Comments Off on Don’t Make These ERISA Mistakes

When it comes time to file an ERISA claim, there are mistakes you can make that will increase the chances that your claim will be denied. But even if your claim is denied, there are fortunately ways to have the claim appealed. You can even take your case to court. Don’t Assume the Insurance Company Will Pay for Your Claim No matter what, you should never assume that a disability insurance policy will pay your claim. Even if it seems obvious that your injury qualifies for social security disability, this will not necessarily be the case. Submitting your medical records is not enough to prove that you are unable to work. You will need to also detail what you specifically are unable to do and why. Use the Appeals Process Before you try to take your disability case to court, you will want to first go through the appeals process provided by ERISA. Only after the appeals process has failed will you then be able to go to court and possibly have the decision overturned. Read Your Agreement You may find yourself reading an endless number of agreements and policies throughout your life. You might be tempted not to read all of them, and some you might be able to get away with ignoring. But you should always read your disability policy so you can know what qualifies as a disability and how your benefits will be calculated. Don’t Leave Your Job Early Make sure you do not leave your job due to disability until you are told that you can leave your job by a qualified physician. If anyone else tells you to leave, you must check with your physician first before doing so. If your employer says you are unable to work, this will not necessarily lead to your disability claim being accepted. Ask Your Doctor Many Questions Your insurance company will provide your doctor with a form that he or she can fill out to answer questions the insurance company has, but you do not have to simply ask these questions. Any questions that can help your doctor explain the extent of your disabilities will increase the chances that the insurance company will be forced to accept your claim. When your doctor warns that you not engage in certain behaviors, make sure that you follow your doctor’s advice. If it is later discovered that you engaged in activities that were forbidden, you may be less likely to have your disability claim accepted. If your claim is denied and you need to fight this in court, you will need to gather your medical records, telephone calls, and any surveillance that will help prove your case. This is where you will need a disability lawyer to argue your point clearly and convincingly. To get professional legal help, contact a law firm such as Iler and...

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Proving A Medical Malpractice Case: 3 Types Of Evidence Your Attorney Will Rely On

Posted by on 3:59 am in Uncategorized | Comments Off on Proving A Medical Malpractice Case: 3 Types Of Evidence Your Attorney Will Rely On

In order to prove a medical malpractice case, your attorney must show that you were injured due to negligence or error on the part of the doctor and/or medical staff who treated you. A simple mistake or an honest human error is not considered negligence and is impossible to prosecute regardless of how severely you were injured. As you can imagine, proving negligence is a difficult task. However, medical malpractice attorneys and personal injury lawyers are well versed in collecting all the evidence you need to win your case. Following are three types of evidence your attorney will rely on. Your Medical Records One of the most vital pieces of evidence that your attorney will use are your medical records. Your records outline the treatment you received and may contain notes that will give the prosecution enough evidence to clearly present what went wrong and why the doctors and medical staff are at fault. Unfortunately, many medical records are incomplete and do not contain a smoking gun. Whether or not information is intentionally omitted or simply not recorded, your attorney may still be able to piece together what happened to you with concrete evidence.  Eye-Witness Accounts Eye-witness accounts related in depositions and during sworn testimony may also prove your case. To this end, your lawyer may subpoena nurses, doctors, your visitors, the housekeeping staff, and anyone else who may have been present when the incident that caused your injury occurred. These accounts may fill in missing information not found in medical records. They may also contradict what was formally recorded and give a clearer, more honest picture of the incident.    Medical Journals If your medical records don’t contain a smoking gun and the medical staff is tight-lipped, your lawyer may still be able to prove your case using medical journals and outside medical experts. You see, there are standards of care and accepted procedures for all types of illnesses and surgical procedures. If your doctor did not follow a treatment course that is reasonably accepted by the medical community, they may be found negligent. Your attorney just has to show the court what treatments are acceptable and reasonable and which ones are not.  Proving a medical malpractice case is tough, but it’s not impossible. Your attorney is well versed in the law and knows how to find, record, and present evidence so you can successfully prove and win your case.  To talk to a professional. contact a law firm such as Otorowski Johnston Morrow & Golden...

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2 Reasons To Hire A Personal Injury Attorney Following An Auto Accident

Posted by on 1:40 pm in Uncategorized | Comments Off on 2 Reasons To Hire A Personal Injury Attorney Following An Auto Accident

One of the best things that you can do for yourself after an auto accident is to hire a personal injury attorney, mostly because he or she will be able to provide you with a number of benefits and advantages that can help you get the money that you deserve. An attorney can assist you by allowing you to remain blameless and helping you to determine if a settlement offer is worth accepting. Remain Blameless One of the issues that you may end up dealing with when you go to court following an auto accident is that the person who caused the accident will try to pin the blame on you. Many people attempt to use this tactic because they are trying to avoid the consequences of their actions, such as paying for the victim’s medical expenses, increased insurance premiums, and possible criminal charges. The main problem with this tactic is that if it is successful you could find your case dismissed and end up having to pay for all of the accident-related expenses out of your own pocket. In some cases, you could end up paying for the medical and repair expenses belonging to the person who caused the accident if you end up taking the blame. One way that your attorney can help you remain blameless is by collecting enough evidence to prove that the other person was at fault for the accident. This can be accomplished by interviewing eyewitnesses in order to see if anyone noticed that the responsible party was driving erratically or too fast. In addition, your attorney can take a look at the responsible party’s phone records to see if he or she was on the phone at the time of the accident, which can prove that the accident was caused because he or she was distracted. Settlement Offer Your attorney is also going to be able to help you decide whether you should accept a settlement offer. This is an important service because accepting a settlement offer means agreeing to give up your right to sue the insurance company or their client at a future date. If you accept a settlement offer and find out that your medical expenses exceed the amount of the settlement, you have no recourse but to pay the expenses out of your own pocket. An attorney can help you decide if a settlement offer should be accepted by discussing the overall strength of your case. If the odds of victory are uncertain, your attorney may recommend that you accept the offer if it is at least large enough to cover your medical and repair expenses. Speak to a car accident lawyer today in order to discuss how he or she can help you with an auto accident case. An attorney can increase your chances of getting the money that you deserve by helping you determine if a settlement offer should be accepted, while also making sure that you remain free of blame for the...

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