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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Top Five Reasons to Live in the South

Jun 14

America is the greatest country in the world, no doubt about it. One of the many reasons that the United States is uniquely amazing is the variety of cultures within its many, vast regions. I recently became fascinated with the American South, known for its sweet tea and even sweeter charm.

After some research, I am convinced that this area of the world is the best place to live if you value good food, kind people, and radiant feelings. Those reasons and more constitute my list of the top five reasons you ought to live in the South:

  • Food and Drinks

Have you ever had sweet tea so thickly sweet that it crawls down your throat? This may sound unappetizing, but at least give it one try. You will not regret it. And don’t worry, most Southern restaurants have tasty comfort food to wash down with your tea.

Southern staples include fried chicken, mashed potatoes, macaroni and cheese (get it baked!), and fruit pies. I absolutely recommend a local joint to get the real peek at Southern dining.

  • Hospitality

The best way to understand the difference between Southern culture and the culture from other places like New York is to simply walk down the street. Barring a rare exception, an elderly Southerner will likely say hello. At the very least, friendly smiles will be exchanged and eye contact is encouraged.

As the law firm Truslow & Truslow discuss on their website, Southern culture evokes an ideal in which local businesses know the name of their customers and are concerned with the welfare of their community. In other places, however, attitudes like these can be uncommon and even discouraged.

  • Music

Not all Southern music is honky-tonk country music that you are expected to boot-scoot to in your best Wranglers and widest ten-gallon hat. However, Southern country concerts are an experience that everyone should take part in, at least once in life.

From South Carolina to Texas, the South has endless opportunities to hear singers and bands from all genres. Though there is a definite predilection toward country music, many icons from other genres like rockstar Janis Joplin are Southern born-and-bred.

  • Climate

You have probably heard a thing or two about the Southern heat. But a person interested in living in the South should not be afraid of the sun! The climate is definitely warmer and more humid than other areas of the country. However, every region comes with its price: tornadoes are much more common in the Midwest than in the South, and blizzard-ridden winters are rare for Southern states.

Conclusion

Trust me, there are many other reasons to live in the patch of sunshine known as the South. Obviously, differing priorities result in different reasons to move here.

The best place to live is the place you feel most comfortable and most yourself. Maybe the South is not for you. But with the food, friendliness, and tunes, maybe it is!

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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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