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Why These Three Innocent Actions May Lead To Suspicions Of Workers Compensation Fraud

Posted by on 2:59 pm in Uncategorized | Comments Off on Why These Three Innocent Actions May Lead To Suspicions Of Workers Compensation Fraud

Workers’ compensation fraud is causing the American economy tens of billions of dollars every year. This is why insurance agents are always alert to signs of fraud whenever workers raise compensation claims. Unfortunately, there are some innocent actions that may make you seem like a fraudster even if you have a genuine claim. Here are four examples of such actions: Refusing Treatment There are many legitimate reasons why one would refuse a particular treatment. For example, it may be that the treatment involves blood transfusion, but your religious beliefs are against it. Another example is if you are convinced that the potential complications far outweigh the benefits, and you are looking for alternative treatments. Unfortunately, refusing treatment is one of the red flags of workers’ insurance fraud. The insurer’s assumption may be that you can only refuse treatment if you aren’t truly injured. In such a case, it’s good to move fast and explain your situation clearly. It may also be beneficial to get your approved treatment as soon as possible. Being Out Of Reach There are many legitimate reasons why you may be unreachable after your injury. For example, it may be that a freak storm damaged communication infrastructure in your area, and you forgot to furnish your workers’ compensation insurer with your cell phone number. This can easily be misconstrued to the effect that you are hiding something, or you don’t want the issue to be fully investigated. Therefore, ensure that you are reachable at all times by giving out all possible channels for communications by which you can be reached. Provide emails addresses, home phone numbers, cell phone numbers, mail address and even alternative numbers. If you happen to go out of town, perhaps for treatment, then make it your duty to inform the relevant parties of your whereabouts. Experiencing an Employment Change A change in employment is another red flag for workers’ compensation fraud. For example, if you report an injury shortly before or after getting fired or participating in a strike, then your report may raise a red flag. If you submit the report before the employment change, then the suspicion may be that you were anticipating the change and wanted to make some money before it occurred. On the other hand, submitting a claim after an employment change may be viewed as an act of retaliation. However, injuries can occur at any time, and it may all be a coincidence. In that case, you have to work extra hard to convince your employer and insurer of your injuries. This means reporting your injury immediately, describing your injuries accurately and seeking prompt medical care. The availability of witnesses will also strengthen your claim. For more information about to file a successful workers’ compensation claim, contact a lawyer used to dealing with such claims, like the Erickson Law...

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Vertigo: What To Expect In A Car Accident Lawsuit With A Lawyer’s Help

Posted by on 10:42 am in Uncategorized | Comments Off on Vertigo: What To Expect In A Car Accident Lawsuit With A Lawyer’s Help

Were you left with severe dizzy spells from vertigo after someone collided with your car? Vertigo can take a while to treat, so you may want to hire a lawyer to get the fees needed for your medical care from the other party. Find out in this article what to expect when a lawyer handles your car accident lawsuit, as well as what you might be charged. What Is Expected After a Car Accident Victim Hires a Lawyer? During your first consultation with a car accident lawyer, you must explain in detail how the incident changed your life. For instance, make sure that you let the lawyer know all of the symptoms of vertigo that you are experiencing so he or she will know how severe it is. Symptoms associated with vertigo such as the prolonged sensation of spinning, migraines and jerking eyes can make it hard to work. You want to make sure that you sue the other party for as much money as you deserve to avoid getting into a financial bind later on. Before the lawyer can get help you get paid, he or she will determine if you were at fault in the car accident. You shouldn’t assume that you have a strong cased based on the accident report being in your favor, as it can be contested by the other party. Your lawyer will get a copy of the accident report and visit the scene where the collision took place to gather more evidence. Video surveillance and possible witnesses may be found near the accident scene. If the lawsuit turns out to be a success, your lawyer will help you get paid for things that include: Lost wages Mental anguish Pain & suffering Handicap accessible house products Physical & psychological medical expenses What Is a Car Accident Lawyer Estimated to Charge? The amount charged for handling your car accident lawsuit will depend on how much money the lawyer is able to help you receive. You should expect the lawyer to get a minimum of at least 20% of what you win in the lawsuit. However, the fee can be as much as 40% on the highest end of the scale. The lawyer will get paid via a contingency basis, so don’t worry about paying anything upfront. Don’t delay hiring a car accident lawyer to start on your lawsuit so you can get paid as soon as possible! For more information, contact a firm like Littman & Babiarz Law...

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Presumptive Claims For Difficult VA Injury Cases

Posted by on 12:44 pm in Uncategorized | Comments Off on Presumptive Claims For Difficult VA Injury Cases

The Veterans Affairs claims system can be a confusing and frustrating ordeal to navigate. A lot of the required information depends on how accurately the medical personnel documented your injuries in the service–which can be difficult if there were no medical personnel or no administrative personnel during your original issue. If you’re lacking information or the VA doesn’t seen to be satisfied with your information, take the time to understand why your evidence may be a problem and how presumptive claims can help. Service-Connection Makes Claim Approval Difficult The biggest barricade between many veterans and their disability approval is the service-connection test. To be considered service-connected, your injury or condition must have been caused during your military service or made worse during service. It doesn’t matter if the service was active duty or reserve, just that you were part of the military when the claimed issue began or became worse. Unfortunately, some veterans may have been stationed in areas that lacked sufficient administrative personnel. Your injury could have been understated or not documented at all, which means the more complex details about your injury may be lost.  For example, you may have problems walking because of the normal wear and tear of your specific duty. Not all veterans have the same experience, but your career and certain missions may have put you through greater hardship than other service-members. Unfortunately, without specific documentation of your incident, your claim may be more difficult. After filing your claim, a medical examination takes place during the compensation and pension (C&P) exam process. The C&P exam needs to narrow your complaints of pain or walking difficulty to a specific cause. If you’re complaining about aches and pains, a detailed report of specific military events can prove your case easily. If you don’t have relevant documentation, you may be facing a denial. Many similar conditions suffer the same threat of denial because it’s easy to fake a leg pain, limp, headache or other body pains. If there’s no current proof of a problem that can be observed and no past report of something that could have caused it, the VA can’t simply presume that you’re telling the truth without further evidence–such as evidence in a presumptive claim. What Is A Presumptive Claim? A presumptive claim covers certain injuries or claims that can’t be easily observed, but can be linked to past events. Headaches, leg pains and psychological problems may require more in-depth analysis than what the VA has available. Especially with long wait times and rushed appointments, you may not be getting as much attention as you need to prove your claim. Some presumptive claims (with additional categories explained in this PDF document from the VA) may not be obvious even to the veteran until years after a damaging incident occurred. Incidents such as Agent Orange exposure or many strange conditions stemming from Gulf War syndrome are considered to be presumptive conditions and are not so quickly denied if the veteran continues to pursue compensation. The key is to be involved in those larger military campaigns such as the Vietnam conflict, the Gulf War or the ongoing Global War on Terror. Context is everything, and you may be one of the first sufferers of a presumptive condition that hasn’t been discovered. Get a legal professional specializing in personal injury claims like the Law...

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Three Forms Of Foreclosure Fraud Perpetrated By Lenders

Posted by on 3:06 pm in Uncategorized | Comments Off on Three Forms Of Foreclosure Fraud Perpetrated By Lenders

Just because you owe money to a mortgage company, it doesn’t mean that it has the leeway to treat you as it pleases. There are rules and regulations to follow, and lenders who do not follow these rules may be guilty of fraud. Foreclosures, which involve a lender trying to recoup as much of its money as possible, tend to involve a lot of fraudulent moves. Here are three forms of fraudulent moves that you should be on the lookout for when going through a foreclosure: Dual Tracking Loan modification, which involves renegotiating a loan to get favorable terms that you can afford, is a common way of avoiding foreclosure. Ideally, a lender should not process your foreclosure once you have applied for a loan modification. However, some lenders may continue to process your foreclosure even while processing the modification application. Their rationale for dual tracking is that it protects their investments in case your loan restricting application fails to go through. There are federal and state laws that deal with dual tracking. Your lawyer can help you to identify which ones your lender has broken. Denial After Delay In law, estoppel is the principle that denies one party from getting harmed by another person’s voluntary conduct. In this case (mortgage fraud), it means that you should not experience any loss due to the lender’s voluntary acts. Therefore, if a lender takes too long to process your loan modification process, then it shouldn’t deny your application. After all, the long wait might have signaled to you that the lender had abandoned its foreclosure plans to grant you a modification. Negligence In some cases, a lender’s negligence may cost you your chance of loan modification. For example, a lender may tell you that it cannot process your application because your documents have been lost. That shouldn’t happen whether the “negligence” was intentional or not. However, if the negligent acts turn out to be intentional, then it may be viewed as a form of fraud. Accounting Errors This may be rare, but it can still happen. What is more, accounting “errors” are more difficult to spot if you aren’t in the financial or mortgage industry. However, if an accounting error costs you money (for example by increasing your fees), then you have the authority to question the lender about it. Accounting errors become fraudulent if they are deliberately committed. If you ever suspect that a mortgage lender is not treating you right, then contact a real estate lawyer for an evaluation of your case before instigating a lawsuit. Property laws tend to be very complicated, and you may not understand them if you are not a professional in the industry. To learn more about the law, contact someone like Iannello...

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3 Things That Can Affect Your Personal Injury Case

Posted by on 9:04 am in Uncategorized | Comments Off on 3 Things That Can Affect Your Personal Injury Case

Being involved in a car accident can be horrible. If you are injured, then things can be even worse. If you weren’t the one responsible for causing the accident, sometimes the only way you can get compensation is to file a personal injury lawsuit against the party responsible. Here are three things that can affect your personal injury case. 1. You share fault for the accident. One thing that can definitely have an impact on your personal injury case is if the judge finds that your actions, or inaction, helped cause the accident. The judge will use one of two legal doctrines to determine if your degree of fault will affect your ability to win compensation. If the court uses contributory negligence, then you will not be able to collect any compensation if you are found to share any fault in the accident. It doesn’t matter how small your degree of fault is — having any is enough for you to lose your case. While there are still some states that use contributory negligence, many use the doctrine of comparative negligence today. Under comparative negligence, the amount you are requesting in compensation will be reduced by your share of the accident. For example, if you are asking for $14,000 in damages and you are 30% responsible for the accident, you will only get 70% of the $14,000 you were asking for. 2. States with no-fault car insurance laws. There are a handful of states that have no fault car insurance laws in place. That means, when you are involved in an accident, you are to seek compensation from your own insurance company – no matter who caused the accident. You can only file a personal injury lawsuit against the driver responsible for the accident if your medical bills exceed the threshold your state has put in place. Currently, the only states that have no fault car insurance laws are: Washington, D.C. Utah Pennsylvania Florida New York New Jersey Hawaii North Dakota Minnesota Massachusetts Kentucky Kansas Michigan If your state isn’t listed above, then they use either comparative or contributory negligence. 3. The statute of limitations has passed. Your ability to collect compensation from a car accident has an expiration date. The minute the accident occurs, the clock starts ticking on the statute of limitations. The statute of limitations for your personal injury case varies from state to state. Some states only give you a year to file a personal injury case, while others give you up to 10 years. So, you will need to consult with an attorney, like those at Garrett Law Firm, PA, to make sure your personal injury case is within the statute of limitations and you can collect...

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Can Social Disability Help You Discharge A Student Loan?

Posted by on 9:28 pm in Uncategorized | Comments Off on Can Social Disability Help You Discharge A Student Loan?

If you are unable to work due to illness or injury and are in the process of applying for Social Security Disability, you may also be eligible for student loan forgiveness, known as a “discharge.” If you meet the guidelines for SSDI, you may also meet the guidelines for federal loan discharge. Acceptance in one program, however, doesn’t guarantee loan forgiveness. To see if you could qualify for this program, read on. Total And Permanent Disability Discharge The TPD discharge program gives people who are unable to work the option to have their student loans forgiven through a discharge if the loan was through any of the following programs: William D. Ford Federal Direct Loan Program Federal Family Education Loan (FFEL) Federal Perkins Loans Teacher Education Assistance for College and Higher Education (TEACH) Grant Service How To Qualify For TPD The TPD discharge program has more stringent medical requirements than the SSA. Most notably, you must be unable to work for 60 months (5 years) or longer, compared to the SSA’s requirement that your inability to work must last only one year or longer. However, if the Social Security Administration approves your disability claim and considers you to be in a class known as “Medical Improvement Not Expected (MINE),” you will likely qualify for the TPD program. Essentially, by putting you in that status, SSA is verifying that your inability to work is expected to last at least 5 years. The other two ways to qualify for the TPD program is with a service-connected disability statement from the Veteran’s Administration or with a statement from a doctor stating either: You are permanently and totally disabled and unable to do any work. Your disability has lasted for at least 60 months or is expected to last for at least 60 months. Keep in Mind 1.  You must submit a separate application for each loan. 2.  Your income will be monitored for a period of time to ensure that you are not engaging in any substantial gainful work activity. 3.  It will be extremely difficult to obtain a new student loan. 4.  If you are interested in applying for a TPD, you can get more information and apply here. 5.  Once you have contacted Disability Discharge, any collection activity on your student loans will be suspended for 120 days, allowing you time to submit the needed paperwork. Failure to submit your paperwork by the end of the 120 days will result in the resumption of collection activities. If you are having trouble getting your Social Security Disability approved and it is holding up the discharge of your student loans, consider consulting with a Social Security disability lawyer for...

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Transportation And Transition Assistance After Injury Settlements

Posted by on 9:58 am in Uncategorized | Comments Off on Transportation And Transition Assistance After Injury Settlements

There are times where you might not be able to demand the full compensation you need to bring your life closer to normal after an accident. Whether there are details that obscure the fault in the accident or a situation where your legal opponent can’t pay, you may want to look towards alternative methods of compensation. As you work through the settlement process, make sure that you’re able to meet your appointments and protect your future with a few helpful negotiation points. Transportation Assistance After An Accident While working on settlement terms, don’t assume that you’ll be able to immediately get back to driving, working or running errands. While you and your vehicle accident attorney are working on the details of a successful legal plan, make sure that your legal opponent assists in all your transportation needs. It takes more than paying for a new vehicle or funding a rental. If you’ve been in an accident, you may have a hard time loading up groceries, getting to different appointments on time or getting used to the vehicle. Your legal adversary should be held responsible for helping with such tasks, so make sure to get such assistance in writing. Relying on relatives and friends may seem like a reasonable first instinct, but why burden them when the person responsible can provide the same services? If you’re unsure of your safety around a person in an active legal battle against you, choose a taxi or chauffeur service on your own and suggest the service as part of the settlement. Education And Training To Fill An Income Gap Your injury may make your current career path difficult to maintain, but not impossible. Your injuries may not be severe enough to qualify for disability, but it may be fair to say that you need a career that is less likely to aggravate your injuries. Suggest that your legal opponent assists you in securing education and training as a part of the settlement. Rather than searching for compensation cash that simply isn’t available in the amount you’ll need for the rest of your life, the right career change can fill the income gap. Search for a career path that is lucrative and within your interests. If necessary, push for a college degree that can increase your chances for a better salary. Your legal opponent contributes by providing the funding for the education opportunity. The tempting part comes from the way that your legal opponent can get around high costs. Instead of paying the entire cost of college, your legal adversary could hire a scholarship specialist or grant professional knowledge of the education finance system. Finding scholarships and grants can be a full-time job, but there are many opportunities that can be cobbled together to create a tuition plan for you. Your legal opponent only needs to pay the cost of the scholarship specialist and any fees that aren’t covered by the discovered opportunities–an incentive that can drive your opponent to finding the most skilled specialist available. There are many terms that can be added to a settlement with varying levels of likelihood. Contact an attorney to figure out what may be a likely settlement success for your specific situation. For more information, contact a business such as Armstrong &...

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Insurance Wrote Your Car Off As A Total Loss? Let An Accident Attorney Handle It For You

Posted by on 12:17 pm in Uncategorized | Comments Off on Insurance Wrote Your Car Off As A Total Loss? Let An Accident Attorney Handle It For You

If you’re in an accident and the other driver’s insurance company states that your car is a complete or total loss, contact an accident attorney right away. When an insurance company doesn’t want to pay for the repair or replacement of a vehicle, they write it off as a total loss. You can do two things once this happens: sell your car to a salvage company or give it to the insurance company. If you keep the car, you can’t drive it legally because it now holds a salvage title. Don’t let this stop you. Your attorney can pursue the insurance company and prevent the loss of your vehicle. What Does Total Loss Mean? When your car receives more damages than what it’s worth, an insurance company describes it as a total loss. The insurance company bases its decision on the actual value of your vehicle. Actual cash value is what your car’s worth compared to other vehicles of the same make, model and year in your state or location. Even if you purchased your car at a price higher than the actual cash value, the insurance company can still consider it a complete loss and offer you a lower settlement amount. In addition, if the cash value is substantially lower than what you owe on your car, you’ll need to pay out of pocket to pay off the difference or give the car back. If you own the car outright, you’ll need to purchase a lower priced vehicle to replace it. In most cases, the amount given to you by the insurance company isn’t enough to even buy another vehicle. Your attorney may fight back for you and obtain a higher settlement. What Can Your Attorney Do for You? One of the things your attorney may do is go after the other driver for compensation. The other driver may have other financial means, such as property and assets, to pay for a replacement car. In most cases, the funds received from the other driver may pay the difference you owe your finance company. If the other driver can’t pay, the lawyer can pursue the insurance company for a bigger settlement. The insurance company still owes you compensation for your injuries. If the accident lawyer can obtain more compensation for your injuries, you may have a chance to use some of it to pay off your car or buy a new one. There’s one more thing your attorney can do for you. They may pursue the finance company to see if it has gap insurance on your car. Gap insurance is designed to pay for vehicles written off as complete losses by insurance providers. Your attorney may pursue this option for you. Keep in mind that to save money on expenses like vehicular write-offs, not all finance companies may tell you that they have this type of coverage. It’s in your best interest to let your attorney follow up with your finance company. If you have questions about your car or case, speak to your attorney directly for more information and advice. To find out more, speak with someone like Kaston &...

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2 Reasons To Hire A Family Law Firm To Assist With An Adoption

Posted by on 11:15 am in Uncategorized | 0 comments

Adopting a child can be a very time-consuming and stressful experience, but it can be a rewarding one as well. By hiring a family law firm to help you with an adoption, you can make the overall adoption process much less difficult and stressful on you and your family. A family lawyer can help you avoid fake adoption agencies and decrease the risk associated with private adoptions. Private Adoptions One of the riskier forms of adoption is the private adoption. This adoption process does not go through an adoption agency and has you working out a deal with an individual that wants to give her child up for adoption. In many cases, this individual will be pregnant and ask for you to pay for all of her pregnancy-related medical expenses until the baby is born, at which point the child is yours to adopt. The problem that often comes up is that the biological parent or parents will often change their minds when the baby is born. This can often result in you not getting the child and losing all of the money that you paid throughout the pregnancy. However, a family law firm can write up a contract that will state the terms of the adoption agreement from the beginning so that you will have a better chance of winning custody in court if the biological parents change their minds. In the event that you don’t win custody, the contract will at least help you get repaid for all of the medical expenses that you paid for. Fake Adoption Agencies Sadly, many people that are looking to adopt a child will often fall victim to a fraudulent adoption agency. These agencies will meet with you, show you pictures of children that you can adopt, and then disappear once you give them money.  A family law firm can help you avoid this scam by recommending numerous adoption agencies that the firm has dealt with that are known to be legitimate. In addition, if you have an adoption agency in mind, the law firm can do a lot of research into the firm in order to determine its legitimacy before you start doing business with the firm.  Speak to a law firm like Larson, Latham, Huettl Attorneys today in order to remove a lot of the risk and stress from the adoption process. A family law firm can protect you from fake adoption agencies and mitigate the risks that often accompany private...

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4 Adult Privileges An Emancipated Minor Doesn’t Have

Posted by on 2:37 pm in Uncategorized | 0 comments

If you are a minor who is toying with the idea of emancipation, then it is good to know both sides of the coin. You probably know that emancipation gives you the right to carry out adult tasks such as suing someone in your name, making a will, living wherever you please and even getting a work permit. However, there are still some adult privileges that you will still be denied such as: Engaging in Sexual Relations Adults are free to have consensual sexual relations with other adults. As an emancipated minor, however, you are not allowed to have sex unless you are married. If you are not married, and you do have sex, then you may be charged with statutory rape. This will be the case regardless of whether the other person is an adult or a minor.  Of course, this depends on the age of consent in your state, which usually varies from 16 to 18 years. Dropping Out of School Just like other children, an emancipated minor does not have the right to drop out of school. You must stay in school in accordance with your state’s compulsory education laws. For many states, this means that you must stay in school until you reach a certain age. There may be a few exceptions and variations depending on your state. For example, such exceptions may allow you to be homeschooled, but the general idea is that you must adhere to your state’s laws. Drinking Alcohol Just like you can’t drop out of school, you can’t start taking alcohol even if you are emancipated. Your state’s drinking laws still apply, which in most states mean that you must wait until you are at least 21 years old. Alternatively, you can only drink alcohol if you qualify for an exception listed in your state’s laws. For example, some states allow underage drinking. Working for As Many Hours As You Want Most emancipated minors have jobs that give them financial independence. As such, many of them have to work, but this doesn’t mean that you can work as long as you want even if you are emancipated. Therefore, you must research and respect your state’s child labor laws even after emancipation. As you can see, emancipation does not give you a carte blanche to act as you please or be exactly like an adult; there are still things you can’t do. If there is a specific reason you want to be emancipated, then it is a good idea to consult a lawyer like The Law Offices of Paul F. Moore II  first and understand whether it would be worth...

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