The process of collecting an Disability Insurance claim from an insurance company is not as straight and simple as people might think it is. Picture this: a person is maimed due to an injury and he has to go through the prolonged procedure of collecting insurance claim. Disability insurance companies indicate they will stand by their customers in difficult times, but the truth can be very different, Attorney Jeffrey Hensley says.
To have a winning result, Hensley said, claims should be pursued with resolve, and with the right kind of representation. Hensley said he has 12 "secrets" that he considers being the most important in the winning chase of a Disability Insurance claim. Follow these steps, he says, and the chances of success go up incredibly:
Secret #1: Identify the problem (disability) when it occurs. People don't have to be ruinously injured or incurably ill to collect. Many policies offer money for partial disability as well. People should look for such things as loss of productivity, loss of income or the inability to perform the material and substantial duties of one's occupation.
Secret #2: Notify the Disability Insurance claim to the insurance company as early as possible. Late notice could result in a considerable loss of monthly benefits.
Secret #3: Use multiple witnesses to identify the material and substantial occupational duties -- someone such as a co-worker or a vocational evaluation expert. The insurance company or jury must clearly understand the important occupational duties. Make sure witnesses identify and verify the duties of one's position.
Secret #4: Identify and focus on the material and substantial duties that can't be performed due to physical or mental limitations. Once the insurance company or jury understands the occupation's requirements, it must understand what duties cannot be performed due to the disability.
Secret #5: Document the loss of productivity with business records or even appointment calendars. The court looks for proof of the disability. Since memories often fade, it is important to present a case based on something other than one's memory. Written records, such as an appointment calendar -- and even a daily journal -- greatly increase credibility and give the jury the support it needs.
Secret #6: Use business records and income tax returns to document loss of earnings based on loss of production. The bigger the loss, the more likely the jury will recognize the disability.
Secret #7: Use past medical records to demonstrate the disability's onset and progression. Medical records provide accurate snapshots of symptoms and conditions. The better the doctor's documentation, the better the chances for a favorable jury decision.
Secret #8: Maintain a regular schedule of medical treatment. Avoid lapses in treatment to occur. When insurance companies see lapses, they are likely to suggest that no real disability exists. Insurance carriers may suspend benefits in the absence of ongoing medical treatment.
Secret #9: Identify and focus upon the physical limitations giving rise to the disability. The treating physician should understand and support the claim, since juries rely heavily on the doctor's evaluation and assessment. If the doctor does not support the Disability Insurance claim, it may be time for a different doctor.
Secret #10: If the jury rules against the disability, there may be grounds for appeal. Simply getting a bad result at trial is not grounds for an appeal, but there may be a chance of reversible error -- an error so significant that the judgment must be reversed by the appellate court. That amounts to grounds for an appeal.
Secret #11: A loss in court does not stop you from filing of a new claim. Disability is a month by month contractual benefit. As medical conditions change, a new claim may be suitable.
Secret #12: If an insurance company has acted in bad faith that may open the door to additional money damages.
Jeffrey Hensley is one of the most well-known and appreciated attorneys in the Tampa Bay area. He strives to be a leader in the fields of law in which he practices. His support staff is among the most professional of any law firm in Florida. To learn more about Jeffrey Hensley and his law practice, visit www.hensleylaw.com.
12 Secrets to Winning a Disability Claim
Compensation Claims
Most people are aware that compensation can be payable for injuries sustained in motor accidents, accidents at work etc but many do not claim because they do not appreciate fully what compensation may be available and which types of incident can lead to a successful claim.
Any type of injury or illness whether minor or serious, can result in a legitimate claim for compensation damages if it was caused by the negligence of another party. Even if the injured person is partly responsible, a claim can still be pursued although the damages are likely to be reduced in proportion to the degree of blame.
Compensation can be payable under various headings such as:
1. Pain and suffering
2. Loss of earnings
3. Medical Expenses
4. Other expenses incurred eg transport
5. Costs of adapted transport or accommodation where necessitated by permanent disability
6. Lost or damaged vehicles or property, insurance excess etc.
Damages may be payable for various items and come under two main headings - Special Damages and General Damages.
Special Damages - items which can be accurately quantified eg loss of or reduction in previous earnings, costs of medical treatment , travelling expenses, loss of or damage to property, eg personal effects, insurance excess.
General Damages - these would cover items such as physical injury, pain and suffering or loss of amenity, disadvantage in the labour market, reduction in quality of life.
Other considerations are taken into account such as:
Interest - interest may be awarded on some of the compensation you receive to reflect the time between the claim being made and finally agreed. The rate of interest and the period for which it is payable varies according to the type of damages awarded.
Contributory Negligence - the situation may arise where a person wishing to make a claim for compensation is actually partly responsible for the accident. This is called Contributory Negligence but it does not prevent a claim as long as another party is also partly responsible. In these circumstances the compensation is likely to be reduced in proportion to the Contributory Negligence which the court feels is applicable, or which is negotiated.
Most claims are settled out of court but for those where court action does prove necessary there is a time limit of three years from the date of the accident during which time the action must be commenced. Failure to comply with this limit means that the court has the power to refuse to allow your claim.
There are some exceptions to the these rules :
1. Minors - if you were under 18 years of age at the time of the accident the three year period only commences on your 18th birthday (16th in Scotland).
2. If you were not aware of the injury at the time - this frequently happens in the case of industrial diseases which may develop gradually and not become apparent for some years. In such situations the three year period runs from the time that the claimant became aware of the injury.
3. Mental Disability - where the injured person suffers from a mental disability the limitation period does not commence until the disability ceases. It can be started at any time in the future if the disability does not cease.
The amount of time a compensation claim takes depends on the type of injuries you've suffered and whether or not the other person's Insurer fights your claim. If your claim and injuries are minor/moderate and someone accepts responsibility for your accident straightaway you could get your compensation within 6-9 months. If your injuries are more serious, a settlement may take much longer. This is because, before you claim, you need to be sure you have either fully recovered or know how your injuries will affect you in the future so that we can claim for everything you've suffered although most claims are settled within 12-18 months.
An injured person wishing to claim compensation from a negligent party will either have to fund the legal expenses of the claim himself hoping to recover them from third party, or use a solicitor who operates on a No Win No Fee basis who will only charge his professional fees in the event of the case being won when the fees would usually be paid by the third party as part of the claim.
In the event of a claim you will need the expert advice and assistance of a solicitor in pursuing a claim. The Solicitors Regulation Authority is the independent regulatory body of the Law Society of England and Wales who regulate over 100,000 Solicitors, ensuring they all work to the same professional principles and code of conduct.
Making the right choice of solicitor is a matter you should take careful consideration over to make sure your compensation claim is handled effectively whether it is settled in or out of court.
About the Author: Ian Hass is owner of Ecompensation, the online marketing arm of Excalibur Solicitors, an experienced UK law firm specialising in all forms of Compensation. Ecompensation handles claims for Accident Types including No Win No Fee Whiplash Injury, Accidents at Work and Car Accident Claims.
Auto Accident Advice that You Should Follow
Auto Accident Advice that You Should Follow
By Blake AldenIf you are involved in an auto accident and puzzled what to do next some of the following fundamental auto accident advice can help you to proceed further.
- This advice suggests you not to get angry or offend the other person involved in the accident and avoid motivating the person to sue you.
- Collect contact details of the other person and take care that they do not change driver.
- If available collect contact information of witnesses.
- Obtain police report.
- Inform insurance company.
If you are injured in an auto accident you need advice from an auto accident attorney so that your legal rights are protected. Attorneys help you to protect your legal rights whether you are the victim of the accident or guilty person of the accident. Attorneys will help you to get compensation by negotiating with insurance companies for acceptable settlement. Attorney will also help you to file a claim against parties even if they are not co-operative. You should know the process involved in an auto accident claim if you are injured in an automobile accident in order to avoid needless worries.
Once you know the appropriate process of the claim all problems related to claim can be eased. It is important to get familiarized with your insurance agreement so that you can be conscious about what is covered in the policy because the insurance adjuster will assess your claim for validity. If you know your claim correctly and deal it appropriately you can get your suitable compensation. You are entitled to get compensation if you are injured in an auto accident. The compensation can include property losses, damages, and medical expenses and also for physical and psychological pain suffered. Automobile accident compensation can be claimed from insurance and the insurance companies are legally responsible to compensate for damages and losses suffered due to the accident.
Automobile accident solicitor is the best choice for you to get the suitable compensation. Victims need to prove that the auto accident injury is serious before getting compensation for pain and suffering. Although it is difficult to prove the standard of serious injury some injuries like fracture, injuries that keep you out work for a considerable period or injuries causing considerable limitation are considered as serious automobile accident injuries. Further hairline fracture is considered as evidence of injury for making claim but a cartilage injury is not considered. The evidence must prove that the injury is slight, mild or minor by a physician’s report. If you are involved in an automobile accident it is advised that you can make your claim with auto accident insurance. It can be difficult to handle the insurance adjuster so it is necessary to follow advices from specialists. The basic advice is to inform your insurance company immediately after the accident. Unless you know what insurance claims are covered in the policy it will be difficult to make the appropriate claim.
If you are injured in an auto accident, without proper advice it will be difficult to make your compensation claim. You can make your claim with insurance company and get suitable compensation for the injury suffered and the losses incurred.
About the Autor
Blake Alden