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Articles Tagged with insurance company

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Insurance Claims

Is The Insurance Company Pulling The Strings?

I’ve been reading Bryan Stevenson’s book Just Mercy. Recent events across our country highlight the injustices described in this book and add to the immediate urgency for a more just system. It’s especially difficult to read Just Mercy when you are familiar with many of the cities and counties where the injustices in the book occurred. It’s also especially difficult to read the book when recent events across our nation remind (everyone) that systematic injustice and racism remain current events. Changes are needed.

When I started this blog several years ago, I committed to discussing solely personal injury issues. For the most part, I’ve kept that commitment. This week, it is especially difficult to do so. But, I’m going to try.

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Alabama Accident & Injury LawyersWhat Is A Personal Injury Demand Letter?

The days and months after a car accident can be difficult for someone with serious injuries. You are hurting. You are dealing with doctor appointments and medical bills. Maybe you hire an attorney to help with your claim.

If you hire an attorney to deal with the insurance company, you may not be familiar with the behind the scenes process. However, the personal injury demand letter is an important part of the process. Trust me, the quality of those letters (and often the amount of your later settlement) can vary tremendously between lawyers.

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Seriously injured in Alabama? Seek skilled legal advice before seeing insurance doctors. Our firm can help.The weeks and months following a serious work-related accident can be some of the most stressful in your life. One day you are fine. The next, you are hurt and unable to work. Medical treatment, long-term recovery, household bills, and job security, are the most important things in your mind.

Work comp should provide needed medical care without delay. That was the original intent. Yet, the system often fails. Insurance companies and their adjusters ignore doctor requests, fail to return your calls, and work to delay care. You suffer. I hear these complaints about adjusters on a daily basis. You are not alone in your frustration.

Many times, an adjuster or case nurse will suddenly call you out of the blue with an appointment for an “independent medical examination” by some new doctor. They may even tell you the visit is needed to understand treatment options. Don’t forget, the real goal of the insurance company is ALWAYS to save its money.

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Workplace Accident & InjuryRecently, someone asked us the following question:

If you get attacked while working, does workers comp pay?

That’s a good question. It is within our law firm’s area of personal injury. And, we have actually handled past work comp cases involving this issue. What’s the answer? The answer is a qualified yes. C’mon, you know tough legal issues rarely have absolute answers. The answer is, yes, an attack CAN be a work comp case. But, the details are very important.

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Why do people call a lawyer after a work-related accident? What reasons lead to calling an attorney? While sitting in court on a recent workers’ compensation case, I started thinking about this issue.

For me, former clients are the best source of referrals. Work hard for your clients. Care for your clients. Do the best job you can. But, let’s set aside referrals for this post. Let’s talk about injured workers who do not know any attorney. What reasons would lead an injured worker to consult any attorney at all? A serious accident or injury presents many issues that can be helped by competent legal advice. Most personal injury attorneys provide a free consultation. We do. We are happy to answer legal questions.

What are some of the most frequent problems encountered by injured workers that lead them to call an attorney? Here are a few frequent reasons that might lead to calling an attorney:

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Alabama Accident & Injury LawyersI recently read an article by attorney Edwin Lamberth titled “Beating the Malingering Defense” on his firm’s blog. Edwin is an excellent attorney practicing in Mobile, Alabama. I’ve discussed personal injury cases with Edwin on many occasions. His post raises a frequent issue in our personal injury cases.

What is the issue? What is the “malingering defense” used by insurance companies and their lawyers? As Edwin notes in his article, defense lawyers will rarely come right out and say your injured client is exaggerating or faking his injuries. If they did, you could prove them wrong and destroy their credibility. Instead, these insurance company lawyers will imply bad motives, cast doubt on the injured person’s efforts or suggest he may be exaggerating. While an outright accusation of malingering could be proven wrong, a hint or cloud of suspicion leaves doubt that is more difficult to defeat. That’s the plan followed by insurance defense lawyers.

How do you handle shadows of doubt cast by insurance company lawyers in your personal injury claim? Most lawyers for injured claimants ignore the shadow of doubt. But, that is the absolute worst approach in most cases. I agree with the advice offered by Edwin in his article.

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Alabama Workers Compensation AttorneysFor a few workers’ compensation insurance carriers, the pattern is simple. Deny most claims. Assert some general reason such as a “preexisting” condition. Maybe you’ve heard this denial. These bad insurance carriers figure it’s an easy denial. After all, who was “perfectly” healthy prior to an accident.

I’ve seen the denial letters claiming a “preexisting” condition. It’s like the insurance company has a form letter and process. Just a few simple assembly line steps and your claim is denied:  Insert the injured person’s name and address. Hit print. Mail the denial letter. Move to the next claim!

While a few carriers seem to use a quick form denial for these claims, a few others play a different game. These carriers simply ignore the claim indefinitely asserting it is under “investigation.” In some cases, the insurance carrier makes more and more requests to continue its “investigation” while refusing to provide benefits. Whether denied or under an endless investigation, the result is the same. The injured person sits without the medical care needed to recover and return to work.

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