All about Life Insurance Denials

Jan 12

Whenever a loved one passes away, the last thing their family wants to deal with is a hassle with the insurance company. Unfortunately, as is the case with many insurance companies, sometimes there are issues and the life insurance claim gets denied. 

The fact that a life insurance company could deny someone’s claim shocked me, and I had to learn more about it. This blog post is a summary of all the information I learned — keep reading! 

Why Do Insurance Companies Deny Life Insurance Claims?

There are a variety of reasons why a life insurance company may deny your claim. Here are some of the reasons insurance companies have given for denying life insurance claims:

  • Presence of medical conditions not disclosed to the insurance company
  • Disagreements over the cause of death
  • Failure to contest a lack of coverage in the time period stipulated by the policy
  • Disagreements over who the proper beneficiary is
  • Misrepresentation of the insured in the original claim

Why it Matters…

Not receiving your life insurance claim can place a huge burden on both you and your loved ones. Here are some reasons why a denial of a life insurance claim should be handled as soon as possible:


  • Financial Burdens: After a loved one with life insurance passes away, the money from their claim can help the family through any difficult financial circumstances that may arise in the future. This is especially important if the loved one who passed away was the breadwinner for the family. Without the life insurance claim, families may be evicted from their homes or forced to declare bankruptcy. 
  • Emotional Toll. Battling with an insurance company is painful in most normal situations, but dealing with an insurance company after the death of a loved one can be extremely painful. While attempting to grieve the death of their loved one, loved ones will have to recount the details surrounding their death, which can make the loss of their loved one even harder to get over.
  • Delay of a Loved One’s Plans: When you are denied your loved one’s insurance claim, you may be unable to fulfill your loved one’s plans, whether that be a funeral, private cremation, or some other ceremony. Not being able to carry out your loved one’s final wishes can deny you and your family closure and the chance to properly grieve.


What to Do

If you are being denied a life insurance claim, it is important to know that you have options. The first thing you should do is contact a life insurance attorney as soon as you possibly can. An attorney will help you fight for your right to your life insurance claim, and they’ll be able to take the company to court if the situation gets to that point. 

Remember, never attempt to represent yourself. A life insurance attorney has years of specialized experience that makes them an expert at holding insurance companies to justice. Do yourself a favor and hire an attorney.

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The Four Types of Bankruptcy

Mar 12

Recently my brother in law and I were talking about our finances. He’s been unemployed for the past six months. It’s been really hard on him and his wife. He had a great job when he and his wife decided to buy a house, but the economy just doesn’t have work in his field right now. They started paying their mortgage on credit lines in order to make ends meet for a little while longer, but now their debt is getting out of control. He said he’s thinking about filing for bankruptcy in order to wipe his credit slate clean. I wished him the best of luck. It is terrible that he has to do something like that. It’s going to affect his ability to get credit for the rest of his life, but it’s certainly better than having your house foreclose. I started to wonder how bankruptcy works. I found some good information on the different types of bankruptcy on the website for Erin B. Shank. Erin B Shank is a lawyer that helps people through the bankruptcy process all the time. She makes sure that all the court processes and file work is handled correctly so that you can declare bankruptcy and get the best possible outcome from an unfortunate situation.

There are four main types of bankruptcy that people can declare. They are known as chapter 7, chapter 11, chapter 12 and chapter 13. Chapter 7 is the most common form of bankruptcy, and it affects credit card debt.

In order to be eligible for chapter 7 bankruptcy, you have to meet a couple of different criteria. The United States says that anyone filing for bankruptcy under chapter 7 must be a corporation, partnership, individual or a business entity. You can file for bankruptcy no matter how much debt you have. You may also file for bankruptcy if you are solvent or insolvent. You cannot file for bankruptcy if you tried to file less than six months ago but your petition was denied because you failed to follow the court’s orders. This type of bankruptcy exists to give individuals a fresh start. It will extinguish all debts for an individual but not necessarily for a business or corporate entity. Liens are different than debt. Bankruptcy does not extinguish liens for individuals or businesses alike.

If your debt is not primarily wrapped up in credit cards or other forms of credit, you may look to other sorts of bankruptcy that you can file. Chapter 11 is the most common form of bankruptcy that business owners look1 to. This is because it allows them to repay large amounts of debt while still owning and operating their business. They can file for bankruptcy without losing the capital they’ve invested in their business.

The Chapter 13 bankruptcy is called the “wage earner’s bankruptcy”. This form of bankruptcy is most common among people with a regular wage. It helps people refinance their house. They can make payments on a house over a longer amount of time. It is especially helpful if your house is up for foreclosure as it allows you to repay missed payments for up to five years without having to deal with late fees or interest.

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Divorce Has to Be About Compassion as Much as Law

Sep 03

Anyone who has gone through a divorce knows it is a legal mess. It can be expensive, complex, and frustrating for those who don’t know the law around how a union has to be divided. This is somewhat inevitable. After all, no one goes into a marriage expecting to get divorced. That’s why the property, finances, and relationships end up so muddied by the time a divorce is required, making far more legal work for everyone involved.

One solution to this would be to try to instill a greater awareness of these boundaries to those considering marriage, but this is likely to be treated with the same derisiveness the prenuptial agreement receives. Many people mind concede the utility of the prenup but still consider it completely counter to the purpose and spirit of marriage.

If people won’t live conscientiously focused on keeping their lives separate enough to be easily sundered from their spouse, the only solution available is to try to instill a culture of compassion when a marriage breaks up. Some divorce lawyers are already showing this spirit, focusing on the emotional complexity of divorce and trying to ease that at the same time they fight for the best outcome for their client.

This will, of course, not be an easy spirit to institute. Every divorce is different (after all, Tolstoy said, “all happy families are alike; each unhappy family is unhappy in its own way”), but the pain and resentment that led to the divorce are there in every case. In most cases, there is a distinct lack of compassion required to meet the point where a divorce becomes an option one or both spouses will entertain.

For all that, divorce is rarely sudden and rarely done quickly. There is time for each party to step away, calm down, and try to approach the situation with as much compassion as they can muster. Ironically, this communal spirit would do a great deal to simplify divorces and move them along faster, so the two individuals involved can sooner start their lives again.

The question, then, is how to foster this feeling in those hurting and understandably desiring to strike out at each other. The answer may be found in a multi-level approach. Divorce lawyers can advise their clients that compromise moves things along faster, more stress can be put on seeking counseling as individuals during the divorce process, and more societal involvement can be done to normalize divorce and try to make it a process best muddled through and forgotten.

Hopefully, this effort will allow divorce to get less complicated on the legal side so that all parties can avoid extreme expense and further emotional harm. It would do everyone more good to make divorce easier for all sides. It may even encourage some who are still in bad marriages to pursue a divorce, once they feel more sure they can get it done quickly, more cheaply, and without as much harm to their overall property and finances.

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Behind Wisconsin’s medical malpractice laws

Oct 07

The laws behind medical malpractice in Wisconsin are discouraging to victims who want to sue on behalf of their own injuries, or on behalf of their loved one who passed away. The first discouraging law is that in order to sue on behalf of a loved one, you either have to be their spouse or their minor child. These two categories are very limiting. Once your child turns 18, they cannot sue on behalf of you for medical malpractice, and you cannot sue on behalf of them. On top of this restricting list of who can sue, there is a monetary cap on noneconomic award someone can receive in court. With the cap at $750,000, it only hurts the severely and fatally injured who deserve more than that, while it gives the less severe the ability to receive the maximum amount.

This monetary cap is the most limiting to the severely injured, like Ascaris Mayo. Mayo checked into the Columbia St. Mary’s Hospital in 2011, complaining of abdominal pain and fever. Her doctor recognized her infection, but instead of informing Mayo of her condition and probable treatment, she was sent home to consult her gynecologist about urinary related infections. As she was home, her condition worsened, and she was rushed to the emergency room, diagnosed with a septic infection. The infection put Mayo in a coma, causing dry gangrene on her limbs, forcing a four-limb amputation upon her.

The Mayos sued on behalf of medical malpractice, receiving plenty of money to cover medical bills and rehabilitation, noneconomic awards, but capping her other awards at $750,00. They further sued on account of this cap being unconstitutional, stating that there is no reason to deprive Mayo of her deserved monetary amount if there was not this cap in place.

Mayo lost all of her limbs. Her quality of life changed drastically due to the error of a doctor and a physician’s assistant. Her husband lost a lot in his wife, a loss of companionship as she is immobile and her mental state will alter drastically as well. The court said that the medical cap placed here would decrease the Mayo’s monetary reward by 95 percent.

While Mayo was awarded her deserved amount in the billions in this case, the Wisconsin medical cap is still in place, which means if you or a loved one is injured in a medical malpractice case, you need an experienced lawyer to help you fight for what you deserve.

Putting all your faith in a doctor is a very trusting action, and when they do you wrong, it is not your fault. Experts say that even more often than you think, “that trust is misplaced.” Medicine is not perfect, and even when doctors try their best, results can vary. However, when a doctor deliberately does not do their job, neglects to inform the patient of results, or the doctor simply does not follow protocol, a lawsuit can take place. Do not be afraid to take legal action against a doctor that wronged you.

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Common Causes of Train Accidents

Jun 11

Trains are efficient modes of transportation. They are both comfortable and fast, which are the two most important factors in mobility. Because of these features, trains are the transportation of choice of many Americans. This also means that many Americans are at risk of train accidents.

The website of the Houston personal injury attorneys of Williams Kherkher mentions that those who have been injured in train accidents may have legal options, such as trying to get compensation and justice from the responsible parties, especially if these parties have been negligent or reckless.

Human Error

Some errors may be legitimate, so the train accident can be understandable. But there are instances where the errors have occurred because of some form of negligence or recklessness. Train accidents that occur because of these kinds of errors are unwarranted. Below are some of the most common unwarranted human errors involving train accidents:

  • Distracted crew
  • Failure to comply to safety procedures and rules
  • Failure to give appropriate orders to crew
  • Failure to properly secure or release brakes
  • Speeding

Mechanical and Road Defects

Sometimes, the crew encounters defects in and around the train. It may be their fault, like when they are not properly maintaining the train during operation, or it may be the fault of someone else, like when the jurisdiction responsible for the train track’s maintenance and construction has failed to do its job properly. Below are some of the most common defects the train crew may encounter:

  • Bolt hole problems, like cracks and fractures
  • Control defects, particularly in switches
  • Detaching or worn rails
  • Malfunctioning train lights and signals
  • Unprotected railroad crossings
  • Unnecessary obstructions on tracks

Pedestrian Negligence

The train crew is not always at fault, because there are times where negligent pedestrians are the ones who trigger train accidents. The most negligent pedestrians are those who are crossing tracks despite alarms and warnings, distracting themselves with mobile devices, and listening to music so loud that they don’t hear oncoming trains.

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What if Your Brain Injury was due to Someone Else’s Careless or Negligent Act?

Mar 31

Brain injury, also known as traumatic brain injury (TBI), is an extremely serious type of personal injury because it directly affects the human brain, which controls everything in our body; thus, anything that would impact the brain and cause a change in the way it functions will also affect the way the whole body operates. This injury is caused by a violent or forceful blow to the head, due to a fall (head first), a sports accident, an explosion, violence or a car accident. According to the Centers for Disease Control and Prevention (CDC), more than one million people in the U.S. are treated for brain injuries every year; despite treatment, still more than 50,000 eventually die.

When a person’s head is dealt with a violent blow or a sudden jolt, this can make the brain collide with the skull’s internal wall and severely harm the brain, resulting to torn nerve fibers or bruising and/or bleeding of the brain which, in turn, can lead to intracranial injury, which is more commonly known as traumatic brain injury (TBI).

The severity of a traumatic brain injury depends on the part of the brain that is affected and whether the injured area is widespread or only a specific part. For purposes of classification, however, severity is identified as mild, moderate or severe. While mild TBI patients may only experience temporary headaches and confusion, a severe case can lead to amnesia, coma, disability, unconsciousness or even death.

Sometimes, it takes weeks before signs and symptoms of TBI appear. Some of these signs and symptoms include: persistent headaches or neck pain; slowed reading, thinking, acting, or speaking; changes in sleep pattern; loss of sense of taste or smell; and, dizziness and moodiness. If, after suffering a violent blow to the head, though, a person begins to vomit repeatedly, or experience convulsions, numbness or weakness in the legs, arms, hands or feet, or slurred speech, then he/she should be taken to the hospital to be checked and given proper treatment.

Though car accident, which is often due to drivers committing errors or acting negligently, is the major cause of TBI, carelessness and negligence remain as the top factors in other accidents that can result to TBI. Due to this, the Amerio Law Firm says, “It is important that you understand what your legal rights are, and determine whether you may be eligible for compensation, as a result of your injuries due the negligence of someone else.

A personal injury claim or lawsuit may help you obtain compensation for economic, as well as non-economic, damages. These damages include covering expenses for past and future medical care, physical therapy, and even lost wages from time taken from work for your recovery. Damages can also include compensation for pain and suffering, and emotional distress. Personal injury lawyers know and understand that no financial gain can undo your traumatic experience. However, legal action can certainly help relieve financial burdens and hopefully help you and your family obtain the justice and closure you deserve.”

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Common Fatal Driving Mistakes

Jan 27

Many fatal car accidents are caused by human error. We are only human and we do make mistakes, but that is not an excuse. Some mistakes are easily prevented by following safety procedures and regulations. Being reckless and negligent while on traffic cause injury or even death, and according to the website of the Fort Walton Beach car accident lawyer at the Bruner Law Firm, it is a legitimate ground to an auto accident lawsuit.
Here are some of the most common driving mistakes that you can avoid through diligence.
Distracted driving
Anything that puts your eyes on the road, hands on the wheel, and mind on the act of driving and potential foreign stimulus, is very dangerous. The most common eye issue is the use of GPS and mobile phones. The most common instance of putting your hand off the road is when you grab food. You should also not underestimate being zoned-out, like thinking of other things while driving.
Driving under the influence of alcohol or drugs
Alcohol, drugs, and other substances that can impair your comprehension and coordination skills are very dangerous, as comprehension and coordination are vital parts of safe driving. This recklessness does not just put you in danger, but also the others around you who may be involved in a chain reaction accident because of your lack of comprehension and coordination on the road.
Reckless driving
Tailgating, speeding, swerving, and wrong-way driving are some of the most common forms of reckless driving. These things generally involve the reduction of reaction times. If you are tailgating another vehicle, speeding through the road, swerving through lanes, you are giving yourself and the others around you very limited time to react to your reckless tendencies, potentially triggering a traffic accident. What makes this worse is the fact that innocent motorists around you may be involved.
Unsafe driving practices
Even the way you drive may make you vulnerable to accidents. The improper use of lights, mirrors, seatbelts, signal lights, are some of the most common driving practices that result into car accidents and injuries. Not following traffic rules, such as running through red lights and speeding through yellow lights, also put the others around you in danger.
The road is a potentially dangerous place, because of how fast vehicles can go and how little reaction time you have in case of unexpected scenarios. So let us make the road an easier place to deal with by driving safely.

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Home Modifications for Better Elder Care

Oct 18

Because of the rising numbers of nursing home abuse claims, as explained in the website of Hach & Rose, LLP, many families have resorted to alternative methods of taking care of their aging relatives. Aside from elder day cares and respite houses, another option is having home renovations. With proper planning and execution, home renovations can help the older occupants perform regular daily activities with ease and comfort on their own or with very little assistance.

Home renovations make way for spare modifications specifically designed for the older resident on order for them to live safely, independently, and effortlessly even with their physical disadvantages. The first step for the necessary home renovations is to assess the home in order to determine what changes are needed. There are generally three things that should be considered when making home renovations for better elderly care: accessibility, safety, and adaptability.

Safety is the main priority for home renovations. An accident lawyer can help represent the injured victim should they hurt themselves due to a negligent third-party, but those that occur at home can be hard to get compensation for. Therefore, consulting with occupational therapists and Certified Aging-in-Place Specialists (CAPS) can provide more insight on the daily struggles that the elderly face in their everyday activities. Occupational therapist can specify hazards that the older resident can face, and identify the various approaches of making it a more user-friendly home. CAPS, on the other hand, are trained by the National Association of Home Builders together with AARP to help aging residents stay at their home longer.

Through these specific modifications, accidents and injury can be prevented. Furthermore, the internet offers a choice of checklist that can be downloaded to aid in knowing essential modifications and hiring specialists can guide you through the whole process. The majority of the aging population prefers a stay-at-home option, aging in place rather than spend time and money in a retirement home or nursing homes. Home renovations or modifications make the older resident’s life safer and easier.

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Uninsured and Underinsured Motorist Coverage

Jul 21

For U.S. drivers to be able to renew their driver’s license and car registration, they will have to prove that they carry auto liability insurance. Besides these, having coverage will also keep their license from being suspended, their driving privilege from being taken away, and the drivers themselves from being issued a traffic ticket for violation of their state’s mandatory insurance law. Getting involved in a car accident, however, which happens to be an uninsured driver’s fault, can result in big financial trouble for them.

To make sure that drivers are fully protected, especially from uninsured drives, some states require them to also carry either or both the Uninsured motorist (UM) coverage and Underinsured motorist (UIM) coverage. Uninsured motorist coverage is designed to cover the economic losses and damages suffered by victims in accidents wherein the at-fault driver does not carry insurance. This coverage also serves as a perfect financial safety net in the event of hit-and-run accidents, as well as in accidents wherein a stolen vehicle is involved.

Underinsured motorist coverage, on the other hand, is designed as a supplement for any insufficiency in the policy limit of an at-fault driver. This is usually the case if the at-fault driver carries only the minimum liability coverage required in his or her state. This makes the amount of his or her policy not enough to cover the full amount of damages suffered by the victim.

The mandated auto liability insurance, with the addition of UM and UIM, plus the many other factors considered by insurance providers, such as a driver’s age, driving history, driving experience, and type of car used, make insurance policies just too expensive for millions of drivers. It is because of this that many drivers rather risk driving uninsured than pay costly premiums.

According to Abel Law Firm, however, not carrying auto insurance can be more disadvantageous for a driver, especially if he or she causes an accident. Insure on the Spot is one of the many independent car insurance firms which offer clients free online insurance quotes which will help them compare different insurance deals for the purpose of finding the best, yet cheapest, policy. With help from an independent car insurance firm, getting insured is not only cheap; it is also fast and definitely easy.

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Rear End Collision

Mar 16

Two individuals lost their lives last Tuesday, March 1 at around 4:35 p.m. during a rear-end collision that happened between a 1997 Chrysler van and a 2007 Toyota Tundra on State Road 50 near Christmas, Florida.

According to the website of Schuler, Halvorson, Weisser, Zoeller, & Overbeck, P.A., a rear end collision is a classic case of one driver being at fault for the accident that ensued. Unless the driver of the rear ending vehicle was at a complete stop when the accident happened, the fault of the accident will lie with said driver.

Motorists on the road must always be on guard for any eventuality; they have to be aware of the fact that the vehicle preceding them may suddenly stop for a myriad of reasons – the driver may be trying to avoid an animal or have encountered some humps that are difficult to maneuver, or maybe he/she is trying to read street signs as he/she is trying to find a location.

This is why it’s also important to leave manageable distance between you and the vehicle in front of you, to do away with the risk of rear end collisions.

Even rear end collisions, which can be considered as low-speed accidents, can cause major injuries to the body. Research studies from Dynamic Chiropractic shows that 85% of all neck injuries in the United States have been caused by automobile accidents and that 85% of those injuries result from rear end collisions. Factors that can contribute to how serious a rear end collision might be include speed differential of the vehicles involved, location and direction of impact, head restraint location, seat back angle, and seat back height.

The study further stated that 10% of the people injured in a rear end collision will develop whiplash, which is a condition that can be described as damage to the muscle or tendons of the neck, causing bands of tissue that connect muscles to the bones to break.

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