Your Rights as an Insurance Policyholder

Jul 7, 2017 by

You get insurance to get financial security, especially when you need it most, such as during accidents. But sometimes, you just can’t help but disagree with your insurance company.

The dispute may be warranted, like on times where you clearly know you deserve to be compensated. But it may also not be, like on times where you are having unrealistic expectations. The key is to know your rights, so you can determine whether your actions are warranted or not.

You have the right to be informed

Before even purchasing and agreeing to a policy, the very first thing you should have is full knowledge and understanding of its terms and conditions. You have the right to know what you are buying. After all, you are going to shell out money for it, so you deserve to know everything first in order for you to determine whether the purchase and agreement is worth it.

Having a clear understanding of the policy helps you make an informed decision on whether to pursue or not.

You have the right to get coverage

As a policyholder, you have two rights regarding coverage. First, you have the right to receive the right amount of coverage. Second, you have the right to receive this right amount in a timely manner. This means that value estimations should be precise and payments prompt.

Of course, these rights are only triggered if your case actually fits your insurance policy, and therefore truly deserves coverage.

You have the right for your case to be thoroughly investigated

Before you get coverage, your insurance company will investigate your case, to know if it truly warrants coverage. Do not think that this is a tactic to make the process stressful and for you to let go of your case, as it is merely there to help fully assess the situation and compare it to the insurance policy, so you can get the proper amount of coverage.

You have the right to question denied claims and underpayments

If your case has been denied, do not be hesitant in contacting your insurance provider and ask why. You can also bring up whether the case has been thoroughly investigated, the values properly appraised, the damages rightfully assessed, and the policy fully understood, to determine whether their decision to deny your claim is warranted.

Aside from denied claims, you can also question underpayments.

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Factors that can Affect a Court when Deciding about Child Custody and Visitation Rights

Apr 3, 2017 by

One change adopted by state courts when it comes to awarding child custody is giving the custodial rights to both parents, instead of just one – this is if both parents are deemed fit by the court. This change was made after consideration of many factors, especially the benefit it will cater to the child as this will allow him/her to continue receiving care and attention from both of his/her parents.

When one parent, however, would endanger the child’s holistic well-being due, but not limited, to abusive parental behavior (physical, emotional, etc.), abandonment of the child by the parent, parent’s use of drugs and/or alcohol, exposure of child to pornographic elements due to parent, parental use of excessive, unnecessary discipline and failure or inability by the parent to care for the child,  then the guilty parent may not only lose custodial rights, but the right to visitation as well – because severing the relationship with such parent is judged by the court to be in the child’s best interest.

The child’s best interest is always a court’s basis in deciding things that will affect the child – his/her present and future wellbeing. Thus, in consideration of a child’s future needs, some of the factors that will be considered by the court in deciding who gets child custody and who shall pay child support, include the parents’ age, health, educational attainment, job, financial capability and security, and the capability to really care for the child.

Child neglect or the inability of the parent to give his/her child the proper, necessary care is not just one type of child maltreatment; it is actually its most common type too. And one classic example of child neglect is inadequate supervision.

There is no uniform rule as to how much supervision a parent ought to give his/her child. With regard to determining just how much supervision is needed by a child, his/her age, the environment or neighborhood and his/her possible exposure to dangerous elements, such as unhealthy and unhygienic household conditions, guns and/or other deadly weapons, second-hand smoke (from smokers) and other safety hazards, will have to be considered seriously. Any injury that a child may suffer from, due to the custodial or visiting parent’s lack of supervision, can definitely influence the court in reconsidering a parent’s rights over his/her child.

It is the firm belief of one law firm with the address, www.marshalltaylorlawfirm.com, that, “the importance of a child custody agreement on both the lives of the children and the parents, makes this divorce issue frequently the most contentious issue during a divorce proceeding. Thus, when it comes to determining a custody agreement that you feel is best for you and your children, having a supportive and knowledgeable lawyer on your side can make the difference between getting the outcome you want and getting one you believe is unsuitable for your family.”

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Most Common Types of Spinal Cord Injuries

Jan 6, 2017 by

The spinal cord is one of the most essential parts of the body, so damaging any part of it can have devastating effects like disability. Spinal cord injuries can be sustained from a variety of incidents, like car accidents, illnesses, and sports injuries.

The worst incidents are those that happen because of someone else. Because of the recklessness and negligence of another party, the victim is the one who has to suffer. According to the spinal cord injury lawyers of Mazin & Associates, PC, such incidents may be subject to legal action.

But what are the most common types of spinal cord injuries? There are many types, but all of them result into some kind of impairment.

Tetraplegia

Tetraplegia is the partial or total loss of functionality in all limbs, meaning the arms and legs. Tetraplegia is often associated with brain damage and spinal cord damage, particularly in the C1 to C7 level, or the upper part of the spinal cord.

The higher the injury on the spinal cord, the more severe the consequences. Since tetraplegia happens because of upper spinal cord issues, it is the most serious kind of spinal cord injuries.

Tetraplegia also affects the torso, and that can cause additional problems such as bladder and bowel issues, digestion issues, and respiratory problems.

Paraplegia

Paraplegia refers to the impairment of the lower extremities, particularly in motor and sensory functions. This occurs because of spinal cord damage in the T1 level and below, or the middle part of the spinal cord.

The severity of paraplegia also depends on what part of the middle spinal cord is damaged. As mentioned earlier, the higher the injury in the spinal cord, the more serious it is. If the T1 to T8 parts are affected, the trunk may also have complications because of the lack of abdominal muscle control. But in the T9 and below parts, abdominal muscle control is still good.

Triplegia

Triplegia is the paralysis of three limbs. Often, it is the paralysis of one arm and both legs, but paralysis on one leg and both arms is also possible. This often occurs because of an incomplete spinal cord injury.

Incomplete spinal cord injury refers to the partially compromised functions of the spinal cord. Depending on the damage, the victim may experience different syndromes such as anterior cord syndrome, central cord syndrome, and Brown-Sequard syndrome. All of which may preserve movement and sensation.

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FDA Issues Safety Warning Against Hyland’s Teething Tablets

Oct 14, 2016 by

Homeopathic treatments are becoming more and more common in the United States. Plenty of consumers are looking for natural remedies that aim to provide relief from common symptoms like headaches and muscle soreness. Some of the most popular homeopathic medication popular in the market right now are teething tablets and gels meant for infants and small children.

The problem with homeopathic teething products is the many severe symptoms and effects that have been linked to its use. The U.S. Food and Drug Administration just came out with warning against the use of Hyland’s teething tablets and other homeopathic teething remedies. As reported by CNN last October 13, the statement made by the FDA advised parents and caregivers against using Hyland’s teething tablets and gels due to evidence that links it to ten infant deaths and 400 infants suffering from serious side effects.

As noted by Williams Kherkher, the FDA’s report found that Hyland’s teething tablets caused serious side effects like flushed skin, agitation, lethargy, sleepiness, vomiting, muscle weakness, difficulty breathing, difficulty urinating, and seizures. The FDA also noted that these teething tablets symptoms are notably similar to those of belladonna overdose. Belladonna, more commonly called deadly nightshade, is the main ingredient used Hyland’s teething tablets.

Instead of using Hyland’s teething tablets and gels, it’s far safer to make use teething toys and child-safe dosages of pain killers like ibuprofen and acetaminophen. Using a cold and clean washcloth to massage the baby’s gums is another easy teething remedy. There are many other solutions to try aside from the homeopathic remedies that have been found by the FDA to be dangerous. Consult with your child’s physician to learn more about possible medical and home remedies to help your baby. It would be best to use remedies that have long been tried and tested by the medical community.

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If You do not Have Car Insurance, Then You Can Be in as Much Danger as Someone You may Injure in an Accident that is Due to Your Fault

Aug 7, 2016 by

In all 50 states in the U.S., proving financial responsibility is a basic requirement for people who want to drive legally. This financial responsibility law specifically requires drivers to prove their capability in paying for damages in accidents wherein they are at fault. Financial responsibility may be proven by:

  • Carrying auto liability insurance, which is the requirement in all U.S. states, except in New Hampshire; or,
  • Depositing securities or money with the state treasurer or filing an SR-22 in lieu of purchasing an auto insurance policy – this is allowed in New Hampshire. A driver, however, may still choose to be insured if he or she prefers so.

(In the state of Virginia, drivers may instead pay the state’s Department of Motor Vehicles the required uninsured motor vehicle fee as an alternative to carrying auto liability insurance)

It is necessary for drivers to show proof of financial responsibility in four different instances:

  • When they get pulled over by a police officer;
  • When they get involved in an accident;
  • Upon renewal of their driver’s license; and,
  • When they renew their vehicle registration.

Carrying auto liability insurance remains to be the most common way for drivers to demonstrate proof of financial responsibility. The type of insurance coverage that drivers need to carry depends on the liability system existing in the state where they reside. In 12 states (Florida, Hawaii, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Dakota, Pennsylvania and Utah) the “no-fault” auto liability coverage is the system recognized. Under this “no-fault” system, payment for losses and damages, which includes cost of medical treatment and lost wages, comes from each driver’s insurance provider, regardless of who was at fault in the accident.

Thirty-eight other states recognize the “tort” or “fault” liability coverage. Under this system, victims are compensated by the at-fault driver’s insurance provider; an accident victim may, however, file a civil lawsuit against the at-fault driver for further claims. This usually happens if the compensation paid by the insurance company does not fully cover the all losses and damages suffered by the victim.

Though a requirement, the Insurance Research Council (IRC) says that uninsured drivers in the U.S. still exceed more than 29 million. This is due to the high cost of insurance policies. According to the website of Second Gear Magazine, through some independent car insurance agencies, drivers can get insurance coverage that best fit their specific needs but without paying more than what they should. Independent car insurance firms have made it their business to help drivers and car owners find the best insurance deals at the lowest prices. They do these by offering different free online insurance quotes from major insurance providers. These quotes will allow customers to compare deals and prices, and get the policy that they really need.

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Sad Truths About Truck Accidents

Mar 23, 2016 by

If you’re driving on the road and you see a truck either in front of you or approaching, it is a common fear among drivers to avoid it all costs, as soon as possible. This is because trucks, due to the material they’re made out of and the sheer magnitude of them all, impose an incredibly large threat were an accident to occur. Some trucks even carry thousands of pounds of hazardous, even potentially flammable, substances that could cause catastrophic explosions that would injure possibly hundreds or even thousands of people. It is not an overreaction for these are common fears—and they are not feared without due reason.

There are, unfortunately, some sad truths about truck accidents that you yourself might not have been aware of.

In the United States alone, there can be around 400,000 to 500,000 truck accidents that happen on a yearly basis, as is according to the website of the lawyers with Williams Kherkher. An eighteen wheeler truck can weigh almost up to a hundred thousand pounds of metal—can you imagine something that massive suddenly speeding into a highway during rush hour or rollover, out of control, right into a nearby town? One accident’s damage would mean millions in repairs and personal reparations.

Truck accidents are often due to negligence as well. Given the potentiality for devastation, truckers and trucking companies are given federal laws and guidelines that are specific to them alone. For example, truck drivers are only allowed to drive a consecutive fourteen hours a day.

Truckers must also be professionally licensed in order to drive a truck due to the experience that is necessary to responsibly and safely maneuver such a vehicle. A truck as blind spots all around it that a driver needs to take account for—and these spots may not be one that a regular, casual driver may even think about. Trucking companies should be also responsible with the drivers that they hire so that accidents on the road don’t happen. Sad news is that not all of them always are—and that’s a sad, sad truth.

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Temporary and Permanent Alimony Payments

Oct 27, 2015 by

Alimony, also known as spousal support or spousal maintenance, depending on conditions, is definitely a facet of divorce that’s usually known in satires as it produces a quasi – response that is humorous in American audiences. It is something which a lot of people vaguely consider is permanent. It may occur that certain spouse may consent to continue to support the other partner for an arranged period of time in a negotiation, which may allow it to support. Otherwise, the courtroom, which would ensure it is maintenance may order alimony. The pattern nowadays is for the courts to honor no alimony when it is thus guaranteed, or even to allow it on a restricted foundation.

There are two forms of alimony: temporary and momentary. According to a Raleigh divorce attorney website, temporary alimony could possibly be awarded to at least one spouse while the breakup is continuous if there is a significant disparity inside the financial resources of the spouses, along with the seeking spouse can offer evidence of prerequisite. This really is to supply the spouse time that is requesting for you to adjust to a standard of living. The temporary alimony ceases after the divorce is completed.

Sometimes, even after the breakup is finished, the court might order the richest spouse to pay spousal maintenance if among the components that are following applies to pay for maintenance:

  • Conviction of the paying spouse of domestic violence within a two-year period from the date the divorce was initially filed
  • The marriage survived at least ten years and also contains custody of the dependent youngster who wants continuous guidance and the requesting spouse does not have the methods and simple needs to properly meet
  • The wedding lasted 10 years the seeking partner and also at the very least a decade doesn’t possess the resources to properly fulfill standard requirements or perhaps the capacity because of lack of employable skills for gainful employment
  • The wedding survived at least ten years, as well as the seeking spouse, does not possess the assets to sufficiently satisfy simple requirements or the capacity for gainful occupation as a result of impairment that was qualified
  • The marriage survived at least 10 years along with the seeking partner has custody of a child that was disabled

If the requesting spouse qualifies under any of these aspects alimony could possibly be awarded. Three years nevertheless, aside from the past two circumstances, the transaction time won’t exceed. Under the last predicament, the seeking spouse may be permitted obtain alimony for approximately ten years, depending on the length of the disability as well as the marriage’s length.

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Burn Injuries: Causes and Classification

Jul 14, 2015 by

Burns are a kind of injury that can be excruciatingly painful. It can damage layers of the skin, tissues and nerves and, if severe enough, can cause scarring, infection, loss of mobility, disfigurement, or even loss of extremities. Burns that affect the layer underneath the skin or the dermis are the most painful kinds of burn injuries because these directly affect the raw nerve cells of the dermis. The most serious, though, are those that affect the nerves, muscles and bones; these kinds of burns actually no longer cause any feeling of pain because the nerves have already been damaged.

A burn can be caused by electricity, the sun, friction, radiation, chemicals and, thermal or heat (which is the most common cause of burn and which include fire, hot liquids and steam). Burns also have different classifications, each based on how serious the injury is. These classifications include:

  • Third degree burn – damages the entire dermis and the nerves (the reason why third degree burn victims no longer feel pain). Due to the severity of this type of burn, it is necessary that the victims be given immediate medical attention.
  • Second degree burn – affects the dermis or the layer underneath the skin and causes swelling and blisters. This is also the kind of burn injury that is most painful. It is recommended that second degree burns be soaked in cool water, rubbed with antibiotic cream and covered with a dry, non-stick bandage. The blister that may form should never be punctured.
  • First degree burn – though this affects only the epidermis or the skin’s outer layer (thus, considered minor), this burn injury still causes painful. Swelling can occur during the healing period, which takes about six days. Antibiotic ointment or aloe vera cream may be applied on the burned area.

Though most burn classification systems list down only three, some medical institutions include a fourth one or a “fourth degree burn.” This degree of burn injury is the most serious as the damage extends to the muscle and bones, thus, often requiring removal or amputation of the area affected.

There are times when people get burned due to the carelessness or negligence of some individuals. Many have already suffered this type of accident, especially in working environments where flammable substances are handled or stored.

It is always important for burn injury victims to know and understand their legal rights and options for the possibility of seeking compensation that should cover all the damages they are facing and will still be made to face due to the injury.

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Embezzlement

Jun 28, 2015 by

Embezzlement is an often misunderstood and confusing crime in the United States. Embezzlement is defined largely is the theft of assets by a person in trust of them. This means that if a person is given the task of managing or monitoring a person’s assets but then steals the funds for their own person gain, they have just committed embezzlement. Accounting embezzlement is another form of the crime in which account records are manipulated or covered up to hide the embezzlement. This is often referred to as a white collar crime as it is mostly committed in corporate and business settings by employees. Some people convicted of embezzlement can take a large amount of money all at once or take small amounts over a long period of time, using creative and often hard to detect methods.

For a person to be committed of embezzlement, certain components must be present. First, there must be a relationship between the two parties, in which one party placed trust or reliance on the other. The defendant must have acquired the property or money through this relationship and then taken ownership of parts of the property or transferred it to someone else.

The last element of the crime of embezzlement is that the defendant took the property intentionally. This is classified as fraudulent intent and is meant when the accused is proven to have did their actions to defraud the victim out of their money or property. This can be determined by the defendant’s actions and demeanor during the proceedings. This can become especially complicated in proving if the defendant believes they took what was rightfully theirs. In short, a person must be proven to have knowingly completed their actions with the intent to take property from the victim to receive a personal gain.

The laws behind embezzlement are complicated and confusing. If you have been accused of embezzlement, often hiring a criminal defense lawyer is necessary. View more on embezzlement and other RICO violations here…

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First and Second Degree Murder

Mar 23, 2015 by

Murder can be categorized into two, and sometime three, degrees. While different states have alternate terms for levels of a murder, there are general characterizations of first degree and second degree murder. The website of Kohler Hart Powell, SC explains how drastically a murder charge can affect someone’s life, regardless of the degree and how sometimes it can be extremely hard to get back to a normal life.

First degree murder is the more severe of the two degree. These murders are characterized by the defendent’s intent to commit murder. First degree is pre-meditated, pre-planned, and punishable by life in prison. However, if the defendant can present evidence for one of four outlined defenses, the case can be lowered to a second degree murder. These factors are if the defendant can prove that there was adequate provocation, unnecessary defensive force, prevention of a felony, and coercion or necessity. Overall, these four factors are ways in which the defendant can attempt to justify their action of murdering.

Second degree murder has interchangeable terms in different states, and is generally described as a recklesss action that disregards human life. Second degree murders are impulsive and unplanned, and the defendant often does not have knowledge of who victim/victims will be. Furthermore, the statute applies to cases in which someone has caused a death by their production, distribution, or administration of an illegal drug. If a person dies after taking an illegal drug, anyone involved in the drug’s transaction can be accused of second degree murder. This type of murder is a Class B felony, and and punishable by 60 years in prison.

For both first and second degree murder, aggravating factors or mitigating defenses can affect the degree of the situation. When going through a murder trial, it is important to have a strategic approach; knowing these factors and defenses is essential when planning a defense.

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