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4 Tips For Winning Your Personal Injury

Posted by on Feb 21, 2017 in Uncategorized | Comments Off on 4 Tips For Winning Your Personal Injury

If you have been involved in a personal injury, it’s a good idea to do everything you can to win your case. Many times, personal injury cases are dismissed because there is just not enough evidence or effort put forth by the injured party for the insurance to provide compensation for the injuries. Here are four tips to consider to ensure that you win your case: Save All of the Evidence: From the moment the injury has occurred to the moment that the case is settled, you need to save all of the evidence. This includes taking photos of physical injuries, saving medical records, medical bills, and even collecting evidence from your employer that you have had to miss work due to your injury. This includes your previous payroll compared to your current one from all of your missed time at work. You will definitely want compensation for this missed time.  Don’t Miss Doctor Appointments: An insurance company is not going to want to provide compensation for someone not taking their injuries seriously. If you miss appointments, it is going to make it seem like the injuries are not severe enough or as serious as you are making the out to be in your claim. For this reason, if your doctor recommends you go to certain specialists, you should not miss those appointments even if you don’t think that it is truly needed.  Don’t Rush to Settle: Although you will want to get the case resolved quickly, you don’t want to rush into settlement from the insurance company before you truly know the value of your case. Too often, people will settle and then the injuries become worse, require more treatment, and thus require more time off from work. For this reason, you want to be sure that you continue to negotiate on a settlement that you are happiest with and that can potentially help cover future costs, as well. Work with a personal injury lawyer who can help with the process of settling and make fair negotiations with the insurance company.  Don’t Ignore Advice from Your Lawyer: First off, you should always hire a personal injury lawyer when dealing with a personal injury case. Not only will you have a difficult time dealing with your injuries on top of having to worry about dealing with the insurance company, but you also won’t truly know how to handle the extent of your case to be sure that you are receiving a fair settlement. A personal injury lawyer is going to help with this.  When you consider these four tips, you can be sure that you are much more likely to win your personal injury...

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Injured Veterans: What Does the VA Owe You?

Posted by on Feb 8, 2017 in Uncategorized | Comments Off on Injured Veterans: What Does the VA Owe You?

Being an injured veteran is a unique situation in that there are a lot of services available, but those services are sometimes hard to get to. The Department of Veteran Affairs (the VA) specifically has a compensation system for disabled veterans that provides monetary compensation and enhanced medical support, but there are a few forms of proof that need to be presented first. If your condition is related to military service, or if you’re not sure about how your condition could be compensated, here’s a bit of information to point you in the right direction. Service-Connection and Your Compensation If you’re interested in getting money for your condition, there are two tests that you must pass: the severity test and the service-connection test. The severity test is like any other disability system that proves how severe your disability is in terms of financial and medical need, while service-connection tests whether the condition is related to military service. The VA only pays out disability compensation to veterans with service-connected disabilities, and even then, the pay rate does start until 10% disability. You need documentation to prove that your condition is related to military service, and that proof can come in many forms. Unfortunately, the VA can’t just take your word for it or accept your expressions of pain or suffering as proof. If you have leg problems, you need to have an incident showing that you were treated for something leg-related that could lead to a disability. The second best proof would be a report showing that something happened to your leg, but with no treatment record. Both are preferable, but the VA understands that veterans aren’t always able to ensure medical record entries, especially in remote duty stations or posts without administrative personnel. Mental conditions are more difficult, but need the same context. Although there are many case-by-case situations that determine whether your claim will be accepted, you’ll need to point to somewhere in your service record, medical record, or an official statement from any chain of command connected to your service that a triggering event occurred. The key is past documentation. An Attorney Makes Evidence Gathering Easier If you’re missing any of the vital documentation for a successful claim, or if your claim was denied despite the evidence, you’ll need deeper research that pins down the decision-making options of the VA. There are certain rules that apply to VA decisions, such as providing enough evidence to push a likelihood decision as listed in the Clinician’s Guide on the VA documentation webpage. An example of such pinpoint evidence would be getting a doctor to state that an injury is “at least as likely as not”, or 50% likely. The guide states that if the condition is 50% or greater, the decision goes in the veteran’s favor. Such evidence can be gathered by connecting with a personal injury attorney’s medical associates and figuring out what would constitute 50% or greater for your specific condition, then finding a VA route that would agree with the decision. If your local VA doesn’t seem to be agreeable, an attorney would have more resources to figure out another area to visit that may be more receptive to your evidence. Contact a personal injury attorney to discuss your claim success, as well as other options...

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4 Tips For Dealing With A Difficult Soon To Be Ex-Spouse

Posted by on Feb 7, 2017 in Uncategorized | Comments Off on 4 Tips For Dealing With A Difficult Soon To Be Ex-Spouse

The challenges of being married can be overwhelming to some people and may end in divorce. Of course, this decision isn’t always easy to arrive at, and there are almost sure to be hurt feelings along the way. The key to stressing less about the end of your marriage may be knowing how to get through it with a difficult partner. This will take some effort on your part, but being aware of tips can be helpful to you. Tip #1: Work on communication You may prefer not to have to talk to this individual at all. However, there are sure to be some things you will have to discuss during the divorce. It’s ideal to make it clear to this person that you won’t tolerate rude behavior or comments of any kind. This can help eliminate some of the things you may prefer not to hear or deal with when speaking to this person. Tip #2: Enlist your attorney One way to help you avoid having to talk to your soon to be ex-spouse as much as possible is to rely on o your attorney. Letting your lawyer take over much of the communication efforts may be extremely helpful in a situation such as this. Tip #3: Leave the kids out of it You will want to be sure to avoid putting your children in the middle of your conflicts. This can only make matters worse and could contribute to more frustration on both of your parts. Make it a habit to avoid discussing the divorce at all if your children are present. This is beneficial to the mental health of your kids during this time, as well. Tip #4: Set boundaries It’s a good idea to establish things that will or won’t be discussed when it comes to the end of your marriage. This may be helpful in using your time more wisely and can assist in eliminating a great deal of negative talk at any time. There are many things that must be addressed if you’re in the midst of a divorce and struggling to end the marriage. The key to getting though this situation with a difficult spouse is to know what to do. Be sure to talk to your divorce attorney about this circumstance and work to get additional tips for coping with it. FOr more information, talk to a divorce attorney like Kleveland...

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Time to Plan Your Will? 4 Tips to Avoid Having It Contested

Posted by on Feb 7, 2017 in Uncategorized | Comments Off on Time to Plan Your Will? 4 Tips to Avoid Having It Contested

Now that you’ve reached retirement age, it’s time to start thinking about your future. Part of that future includes estate planning. You might not want to think about your estate right when you’re about to embark on a life away from work and responsibilities. However, this is the time when you need to have your final plans in order. One of the most important parts of your estate is your last will and testament. This is the document that will determine how all your assets will be divided among your family members. While you’re planning your will, you want to make sure that you make it as iron-clad as possible. Taking a few precautionary steps will help prevent the possibility that someone will contest your will. Here are four tips that remove the threat of a contested will. Get Your Family Involved If you have close family members, it’s important that you get them involved in the process. Sitting down to discuss your will as a family will help you discuss problems that might arise once you’ve passed away. This is also the time for you to explain any decisions that your family might not understand. Open communication during the creation of your will can prevent serious problems later. Use a No-Contest Clause If you’re concerned that someone might contest the will, make it beneficial for them to refrain. While creating your will, talk to your attorney about implementing a no-contest clause. With a no-contest clause, the contesting family member will forfeit their portion of the estate should they contest the will and lose. For the no-contest clause to work, however, you need to leave something of value to each family member. This ensures that each person has something of value to lose by contesting the will. Assure Your Competency If you’re worried that a family member will question your competency once you’re gone, ask your attorney to assure your competency before you sign your will. To assure your competency, you can schedule a visit with your medical doctor. Once your doctor determines that you are of sound mind, you can include the medical statement with your will. Record the Signing If your family is spread out across the country – or the world – and you want to make sure that they don’t contest your signature, ask your attorney to make a video recording of the actual signing. Once the video has been made, it can be filed away with your will. Now that it’s time to plan your estate, don’t take chances with your will. The tips provided here will help ensure that your will isn’t contested after you pass away. For help planning your estate, be sure to sit down with a family attorney near you. For more information, contact a business such as Nelson, McPherson Summers & Santos...

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What You Need To Know About Catheter Malpractice

Posted by on Dec 21, 2016 in Uncategorized | Comments Off on What You Need To Know About Catheter Malpractice

Catheters are a commonly used medical device and are often considered harmless. However, human error, or medical malpractice, can turn routine catheter use into something far more serious and dangerous. Unfortunately, you or a loved one know the risk associated with catheter malpractice all too well. It’s important to understand that you are not alone and that you do have legal options. Infections In terms of injury, infections present the most common threat. If you have, or are, suffering from an infection, the reason for this can often be attributed to poor care. It is the responsibility of all medical personnel to monitor the patient, including how long ago a catheter was placed. If the nurse or other healthcare professional is not keeping track of this and the catheter remains inside the individual for too long, the result is a UTI. While many people overlook UTIs as something minor, a UTI isn’t only painful, but in some cases they can also be deadly, making them a very serious condition. Who Is At Fault? If you are injured while being treated in a healthcare facility, who exactly is at fault is often a common question victims have. For instance, is it the fault of the nurse, the doctor, or the medical facility? In the case of catheter neglect, one, two, or all three entities could be to blame. For example, if the nurse failed to change the catheter, she could be held liable for poor care, and the medical facility could be held liable for their inability to properly train their employees on proper care or even to hire skilled employees. Taking Action If you’ve found yourself in this predicament, it’s important to take legal action. By filing a malpractice suit, you may be able to have your medical expenses covered, as well as be compensated for any missed time from work or suffering that you have endured. The best way to go about accomplishing this is to speak with an attorney right away. In the case of malpractice suits, the longer you wait to file a claim, the less your chances of success. Jurors and judges alike may translate your lack of initiative as a sign that your injuries aren’t quite as serious as you say, so it’s important that you have your injuries diagnosed and speak with an attorney as quickly as possible. If you are the victim of catheter malpractice, you do have options. You don’t have to suffer in silence. Just make sure you act quickly. Contact a law firm like Spesia & Ayers Attorneys At Law for more...

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What To Do When You’re Bitten By A Friend’s Dog

Posted by on Dec 1, 2016 in Uncategorized | Comments Off on What To Do When You’re Bitten By A Friend’s Dog

When the dog of a friend bites you, the relationship might suffer. They might not want to take responsibility for what happened and refuse to help with medical or hospital bills. This may surprise you, but you still have the ability to file some kind of claim to ensure that you receive the financial help you need. In order to keep your case on track, you’ve got to pay attention to these pointers. Monitor Your Health It is important to seek out medical attention right after you are bitten in order to get official documentation about your injuries. However, it’s even more important that you continue to monitor your health to see if you are getting worse. You may not know whether your friend’s dog is up to date with their shots, and in particular you need to watch for any signs that you’ve been exposed to tetanus, including: Stiff jaw Sweating Irritability Fever Keep in touch with your doctor regularly to ensure that you can be treated for any medical issue. Avoid Talking with Your Friend Even if the person who owns the dog is a very good friend of yours, you may be unhappy with their response to the incident. You may want to attempt to iron things out with your friend, but this might not be the best idea. It may be preferable to keep your distance, as conversations can get heated and cause additional legal trouble for both of you. Instead, leave communication up to your personal injury lawyer during this time. Be Careful Online Your friend might also be a contact, friend or follower on different social media websites. As a result of this, they are likely to see everything you post unless you block them, which might be an option you want to use if you plan to discuss your health or other issues related to your injuries. However, because mutual friends might see your posts and talk about them with the friend you’re now pursuing legal action against, it may be best to avoid discussing the case at all. In addition, your friend’s lawyer might be enlisting the help of various investigators to disprove your claim. If they have access to your posts, they have the ability to pass on information to the lawyer. You might want to ensure that all your social accounts are private. Taking action against a friend because their dog bit you can be rough; use the suggestions here to get through it. Ask your lawyer if there are additional things you need to do at this time. Contact a law firm like Dunbar & Dunbar for additional...

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Denied Benefits? Understanding the Social-Security Disability Appeals Process

Posted by on Nov 9, 2016 in Uncategorized | Comments Off on Denied Benefits? Understanding the Social-Security Disability Appeals Process

If you were denied social-security disability benefits after your initial application, there’s no need to be alarmed. Each state in the US is slightly different, but overall, 64% of applications for social-security disability benefits are denied. Whether your application was denied because it was incomplete or the SSA determined that you are not disabled, you have a process of appeal to try and get the benefits you deserve. Filing for a Reconsideration Filing for reconsideration is the first step in the appeals process when you have been denied social-security disability benefits. Your denial letter will give you the details on how to file for reconsideration. When you have new information to make your application stronger, you should send this in with your request for consideration. Once you send in your request, your application will be reviewed by staff members who were not part of your initial application. If the Reconsideration Is Denied If your benefits are still denied after the reconsideration process, you have to file an appeal for a hearing. If you haven’t already met with a social-security lawyer, now is the time. You will want to sit down and talk about hearing strategy. You will be notified of your hearing date and time in the mail once you have requested a hearing. You will go in front of an administrative law judge to talk about your case. This will help you stay calm and focused if you have legal representation at this stage. If the Administrative-Law Judge Denies Your Application Your next move in the appeals process is to ask for a review to be completed by the Social Security Appeals Council. The problem with this stage is that the Appeals Council doesn’t have to review your case if they think the decision made is correct. If the Appeals Council doesn’t review your case, your last option is to file an appeal to the federal district court. It is frustrating when you are denied social-security disability benefits and find yourself unable to work. When you need benefits, it’s important to build a strong case to prove your disability. Work closely with your treatment providers and make sure that you attend medical appointments for the problems you are experiencing. Be clear with your providers that you are finding it impossible to work and are trying to get social-security disability benefits because of your impairments. Consult a firm such as Prediletto, Halpin, Scharnikow & Nelson, P.S. to start working on your...

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Tips For New Employers To Deal With Negative Background Check Results

Posted by on Oct 21, 2016 in Uncategorized | Comments Off on Tips For New Employers To Deal With Negative Background Check Results

As the hiring manager or owner of a small business, venturing into those first few interviews can be difficult. When you find that perfect candidate, it’s always a good idea to run a complete background check. Unfortunately, those background checks aren’t always flawless. So, what happens if you get one back with what appears to be problematic information? Do you immediately rescind the offer or do you do something different? Here are a few tips to help you decide. Make Sure The Information Is Accurate Don’t dismiss any candidate based on a background check until you can validate that the information is completely accurate. Make sure that the report you received actually belongs to the candidate in question as well. You can do this by comparing information from the application against the information in the report. Mistakes can happen in the report generation process, the actual recording of the data, and more. Ask your background check company to confirm the report before you proceed. Consider The Policy You Want For Your Business The first questionable background check is your opportunity to define the policy for your company. Are there certain types of problems that you’re willing to dismiss? Will it depend on the position? For example, for people with keyholder responsibility, you may be more strict about the background report than for those who will answer customer service calls. If possible, put this policy in place before you actually interview anyone. That way you know exactly what to expect. Contact The Candidate Under the Fair Credit Reporting Act, you’ll have to notify the candidate of any potential adverse decision that’s the result of the background check. Provide a copy of the background report so that he or she can see exactly what is contributing to the decision. Along with that notice, you should also include a reasonable period of time for them to dispute those results if there are any inaccuracies. Consider any response from the candidate, particularly if they dispute the results of the report. Use all of the information available to you to make your decision about how to proceed. If you choose to retract the offer, you’ll have to provide the notice in writing telling them that the job offer has been rescinded due to the previously communicated issues in the background report. Working with a skilled background check company can help you screen your potential new candidates. Talk with a local service today for more...

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When Grandparents Seek Child Custody

Posted by on Sep 30, 2016 in Uncategorized | Comments Off on When Grandparents Seek Child Custody

As a grandparent, it’s heartbreaking to acknowledge that your grandchild is not receiving adequate care. Ultimately, however, grandparents can sometimes realize that they must step in and care for that grandchild. Grandparents today have more rights about the care, visitation, and custody of their grandchildren than ever before, and it may be necessary for you to assert your rights and seek custody of your grandchild. The family courts don’t take custody changes lightly, so knowing what the judge is looking for when it comes to child custody can make a big difference in how you approach the child custody hearing. Read on to learn more about how the judge determines child custody for grandparents. What are good reasons to seek custody? Most parents experience problems from time to time, but when the problems turn severe, it could signal time to take legal action. The below list is just a few of the more common parenting issues that could mean a custody hearing is called for: The parent is deceased. The parent is incarcerated. The parent is abusing the child. The parent is suffering from drug or alcohol addiction. The parent is suffering from mental illness. The parent is physically unable to parent, such as those hospitalized long-term or physically incapacitated. With most of the issues above, the judges will rule in favor of child custody for the grandparents unless there are others who are seeking custody. Keep in mind that you must prove your allegations of abuse and addiction with police reports or other hard evidence. Best Interest of the Child The family courts and the judges presiding over them are charged with the heavy responsibility of searching out solutions to issues that take the best interest of the child into consideration. The favored option for custody, taking the best interest of the child into account, is always to place the child with their biological parent. As a grandparent, it will be challenging, but not impossible to overcome that edict and be awarded custody. You should be prepared to show your fitness as a custodial grandparent by the following: Are you prepared to provide a clean, healthy, nurturing home for the child? Can you provide food, medical care, clothing, education, social, and recreational opportunities? Do you already have a good relationship with the child? Have you spent time together? Are you in good physical and mental health? Are you prepared to deal with the emotional issues that this change could bring in your grandchild’s life? Finally, does the child wish to live with you? Children who are old enough to be interviewed may be questioned or they may be evaluated by a special type of court-appointed mental health expert. Be sure to speak with a family law attorney for expert advice on seeking grand-parental child...

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Pushing For A Better VA Appeal

Posted by on Sep 12, 2016 in Uncategorized | Comments Off on Pushing For A Better VA Appeal

Getting an appeal through the Veterans Affairs (VA) claim system isn’t easy. There’s a high burden of proof that needs to be shown with official paperwork, and any medical evidence needs to illuminate your problem in a way that the VA can understand for their decision. If you’re missing critical pieces of evidence, have been rejected with the evidence you have, or aren’t sure what you need to make your claim better, here’s a bit of appeal system insight and ways that a professional can help your appeal succeed. Push Through The VA’s Fraud Prevention There’s a lot of time, money and resources that can be wasted on a fraud who gets approved. In addition to monetary compensation for life in many cases, a veteran awarded with a disability decision is entitled to VA in-system medical care as well as referrals to non-VA medical professionals. It isn’t just a one-for-one loss of resources; there’s no way to tell how many frauds are trying to get a bit of extra money, and the spectrum of fraud is pretty wide. To get through the fraud filter, you need to prove that your injury or condition is service-connected. This means that you need to prove that your condition is related to military service and that your condition is still a problem.  The wording “related to military service” covers a wide area of involvement. It doesn’t matter if you were in combat on land, at sea, on patrol, on duty, off duty, in or out of uniform, or even on leave; if you were part of the military, any accident or event that causes disability is related to the military. Except for a few specific situations such as drunk driving and willful negligence that you were convicted of, if you were a part of the military at the time, your claim can be accepted. Getting The Right Evidence The problem is getting proof—and the potency of said proof. The easiest form of proof is going to a doctor and complaining about a problem, but it’s not difficult for a medical staff friend to write something in your favor. It’s better if you were treated during the military, including official examination documents such as X-Ray or MRI images. These issues are then confirmed by a VA compensation and pension (C&P) examination. If you didn’t bring the problem to anyone attention during your military service, you need to put in a claim as soon as possible, no matter the quality. The longer you wait, the easier it is to consider that the problem was caused by something in your civilian life. If you’re reading this within a year, either log onto ebenefits.va.gov to file a claim with a description of your problem or visit a local VA office. You can appeal as much as you want, so a fast claim to put your problem in the system isn’t a bad thing even if it’s denied. If you’re not sure where to look for evidence, or don’t know which medical professionals to consult, contact a personal injury attorney. An injury attorney can help you by arranging you with medical professionals who are familiar with claims systems. Although many doctors can help you recover, not all doctors know how to document information in an organized fashion for an injury...

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