Injured
Legal :: Tort Law: Refuge of the Injured | ArticleBiz.com
December 2, 2010 | Author admin
In today’s harsh realities, people from all walks of life are always at the risk of getting into various accidents. More often than not, other people or groups of people have been engaged and could be held liable with the accidents that happened. It may be due to their connection in school, at work, or at a given community. Depending on how the physical, mental, or emotional harm is sustained, these incidents bring about personal injuries which may be slight or serious.
Consequently, personal injury law, otherwise known as the tort law, acknowledges the wrongful acts inflicted to an affected party and therefore giving him the right to file a case in court as long as his claims can stand and have sufficient merits. Some torts can be considered as criminal offenses that can cause the imprisonment of the accused. On the contrary, the tort law was enacted to provide help and justice to the victims who incurred injuries and prevent it from happening again which may further harm others and eventually cause more serious damages or even intensify the consequences.
More so, personal injuries are classified into three general categories. First, intentional torts, which are classified to those criminal acts – the accused have or should have the knowledge on what will be the effects of his acts or failure to act such as striking a bystander with much intent of afflicting him. Second, the negligent torts are those incidents that happen due to the defendant’s irrational and precarious acts like defying traffic regulations that set off a mishap causing injuries to a pedestrian. Last, strict liability torts are those that are established when an act results to inflicting damage to other people and do not rely on the extent of cautiousness done by the defendant. Thus, producing and selling substandard products can be included in this category. Though, there are also the so-called specific torts, like negligence, assault, battery, trespass, products liability, and intentional infliction of emotional distress among others. Accordingly, these general categories of the tort law draws out the theory for each separate case being filed by an injured party. For instance, the improper and incompetent approach of a medical practitioner, way ward the standard procedure, that causes further deterioration of a patient’s condition can be a clear grounds for the patient to file a case against the negligent doctor. Meanwhile, the hospital can be sued for liabilities because of employing the negligent doctor. An altogether different case would then occur if evidences point the doctor to intentionally prescribing the wrong medication for the patient.
Furthermore, there are accepted principles that govern on what types of damages can be expected by a person. Nonetheless, whatever damages those are, the needing payment by the accused party would depend on the case established by the injured party. Some may sue for an injunction to prevent the continuation of a treacherous conduct or operation. Some demands for monetary damages. Other types of damages the injured party may recover are as follows – loss of earnings capacity, pain and suffering, and reasonable medical expenses. They include both present and future expected losses. In brief, in tort law, the damage is defined as a remedy that comes in a form of monetary compensation to the harmed party. One may also seek the assistance of a qualified lawyer to help him out in this legal matter.
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Tips to ensure your claim is processed in a timely manor
November 29, 2010 | Author admin
There are a couple of key factors that will help process your claim within a timely manor:
1. Be sure to fill out all of your personal information on each claim form. Sometimes the company will ask for the information several times on each page, it is necessary for you to complete the information each time. It seems redundant, but it is necessary.
2. Make sure to give your physician the claim forms to fill out. You can provide your physician with our fax number (724)519-7484 and ask them to complete it and fax it directly to our office. You do not have to wait for them to fax the information. You can send us your completed portion as soon as it is finished.
3. Make sure to give your employer the claim forms to fill out. You can provide your physician with our fax number (724)519-7484 and ask them to complete it and fax it directly to our office. You do not have to wait for them to fax the information. You can send us your completed portion as soon as it is finished.
4. We will also need a copy of your Operative Report faxed to our office.
5. We will need ANY copies of itemized statements, chiropractor visits, or any doctors visits.
6. Claims should be filed within 14 days of the accident or sickness. The sooner we receive your completed paperwork, the sooner the claim is filed and processed.
7. You can check on the status of your claim 24 hours a day by visiting the Insurer’s direct website or by contacting our office.
Posted in After Car Accident, Auto Insurance, Cancer, Car Insurance Claims, Claim, Critical Illness, General Info, Had an Accident, Homeowners Insurance Claims, Hurt at work, Income Life Insurance, Injured, Insurance Claims, Liability Insurance Claims, Life Insurance, Life Insurance Claims, Make a claim, Property Casualty Insurance, Property Damage Claims, Sickness, Umbrella Policy, Worker's Benefits, Workman's Compensation | 
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Worker’s Compensation and Social Security Disability
November 29, 2010 | Author admin
If I am on workers’ comp, should I also apply for Social Security Disability?
This is a very good question, but can be a very complicated one. In many situations, if you have sustained significant work injuries that may be life-changing and/or that prevent you from returning to work, then it is probably a good idea to apply for social security. For example, let’s say you suffered from a very significant spinal injury, a very significant brain injury, or perhaps some kind of severe leg, arm, or back injury. Well, if your injury is very significant and definitely has taken you out of work, then applying for social security is probably a good bet.
But, if you are going to try and get both workers’ comp and social security benefits, it is also advisable to hire an attorney who understands both. You and your attorney need to understand the Social Security Disability part of your claim as well as the Worker’s Compensation aspect so as to ensure no problems arise from getting both. Not to mention you will need an attorney to help you navigate the process of getting both.
There are complicated situations which can arise, which makes it all the more wise to have an attorney. For example, several years ago, Medicare required that individuals who applied for Social Security Disability while on Worker’s Compensation, and who subsequently settled their case, had to put some workers’ comp money aside in what’s called a Medicare Set Aside Account (MSA). The MSA is very complicated and can be hard to understand if you are not familiar with it. In any event, the MSA will impact your settlement and your Worker’s Compensation case as you proceed through it, so you just need to be sure that everything is running smoothly and as it should be. An attorney can help with that.
My suggestion and advice to you, since this is a fairly short explanation on workers’ comp and social security, is that you do call an attorney, who can help you to understand the impact of filing for Social Security Disability while you have a Worker’s Compensation claim pending. It is significant on the potential of how long the case may take and the type of settlement that you might receive in a lump sum because of that MSA set aside.
