Archive for the ‘Personal Injury Law’ Category

Who is involved in Legal services?

When you subscribe to a pre-paid legal service, you are likely to deal
with an attorney and a number of other individuals and organisations who
are involved in one way or another with the service. Its important to
understand the role of each participating party in a legal service plan,
particularly when youre unhappy with the service or when fee disputes or
any other litigation with your provider arises.

So, who is involved in your pre-paid legal arrangement?

Your Lawyer

You get to choose your attorney from a pool of attorneys in the network.
Your lawyer is your point of contact for any phone advice or office
consultation. He is the one who furnishes other legal services specified
in your written agreement with your provider: he drafts your will, reviews
simple contracts for you, writes letters on your behalf and makes phone
calls to adverse third parties.
If you are unsatisfied with the quality of work you are getting from your
current attorney in the network then you have the choice of choosing
alternate attorneys. You can also make a complaint to your providers
in-house charge of complaints.

If you benefit from legal services under a group plan scheme then there are
a number of parties who are involved in this scheme.
First the contracted firm, just as is the case with an individual plan, is
the one which provides all the legal help through its network of attorneys.
There are also two parties involved in the deal: a plan administrator and a
plan sponsor.

A plan sponsor is the organisation you are member of, which sponsors your
legal plan. Your sponsor can either choose to provide the legal services as
a fringe-benefit, as is the case with most employers, pre-charge for the
service – universities usually charge for any legal service as part of
tuition fees or charge low-costs, as do trade unions under a
group-bargaining scheme.

Your plan administrator is the person appointed by your sponsor to arrange
for the panel of lawyers from the contracted firm to provide services,
collects all the fees paid into a pre-paid plan, publicizes the plan and
handles enrolment and marketing. The administrator may be a an employee of
the sponsor, an insurance company or an outside firm.

Regulating Authority

Authorities that regulate pre-paid plans provide you with an outline of how
pre-paid legal services are managed and also an outlet in case there are
any complaints.
Individual pre-paid legal plans are generally regulated by your state
department of consumer affairs.
If you are an employee participating in a group plan funded by your
employer, then the legal services are covered and regulated under the
deferral Employee Retirement Income Security Act (ERISA).

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Unfair Credit Agreement Claims

Unfair credit agreement claims refers to the process under which an aggrieved customer seeks out to reclaim the amount paid for a loan if the agreement executed is unfair. In a stricter sense, it means that if a person is a victim of an unfair loan agreement for which he has been making payments, he / she can make claims to seek the return of the money. This is common practice in most countries.

Unfair credit agreement claims refers to the process under which an aggrieved customer seeks out to reclaim the amount paid for a loan if the agreement executed is unfair. In a stricter sense, it means that if a person is a victim of an unfair loan agreement for which he has been making payments, he / she can make claims to seek the return of the money. This is common practice in most countries.

The claim can be sought on various financial products resulting in mortgage claims, credit agreement claims, secured loan claims and personal finance claims. There are agencies which specialise in helping victims of unfair credit agreements seek a refund. Some agencies help customers who have completely repaid the loan to the lender. However, these agencies charge a fee to carry out the process. The claim process will not be completed overnight since it involves a lengthy process of negotiations. However, at every step, the customer is updated on the developments. The fee ranges differ and depend on the loan amount. For instance, there are agencies which charge 49 for claims over 5,000.

It is up to the customer to choose the agency which can help in securing the claims. There are various agencies all over the country that specialise in this particular line of work. You can employ the services of such agencies in case you have legitimate claim in view of an unfair credit agreement. These agencies can be tracked through the internet or through local yellow pages. There is also a chance for the potential customer to evaluate their process by looking into past deals. The reviews of the agency’s performance are available for perusal.

Once you contact an agency, make your case very clear. Never try to hide or destroy facts. The agency will decide whether you have a genuine case by looking into all the relevant paper work. In case you are not in possession of the documents concerned due to loss or theft, the agency will help you. The agency will contact the lender concerned and obtain the relevant documents through the official process. However, this requires the payment of an extra fee by the customer. If the agency finds that your case is genuine, it will take it up; however, if the agency dismisses your application on merit, you have the liberty to visit another agency. The best advice is to make sure that you have a genuine case by cross checking the credit agreement details with the banking and credit regulations.

In an effort to make sure that the credit agreement has been executed with your full knowledge, the agency will carry out a study. In the case where you are fighting a losing battle, the agency will not be in your favour. So be it any kind of loan or credit agreement, the aggrieved customer has to be very clear about the issue. Otherwise, it will result in an unnecessary payment of a non-refundable fee.

Types of Prepaid Legal Services

Over 100 million Americans are signed up for pre-paid legal services. Also
called legal insurance, these plans are similar to those provided by Health
Maintenance Organizations (HMOs) and cover the legal needs of the member,
spouse and any dependent children.

In a prepaid legal service plan, the customer pays a fixed monthly
subscription fee of up to $25 for the services of pre-selected lawyers.
The most basic plans provide advice and consultation by telephone. Plan
members receive a few hours of free office consultation with their assigned
attorney. They may also include review and advice on simple legal documents,
preparation, drafting or an update of a simple will. Phone calls and letters
can be written on behalf of members, a service helpful for credit problems
and consumer protection.
More comprehensive plans cover clients personal legal needs ranging from
services that require more time and effort on the part of your attorney,
such as contracts, wills and deeds, to legal representation in negotiations
and courts cases related to family matters, bankruptcy and real estate
issues.

The Scope and Nature of the Criminal Law

In our private lives, the area of law we will experience the most, either directly or indirectly would have to be the criminal law. Not necessarily through contravening its principals, the individual citizen will more commonly encounter its breadth in the course of their everyday lives, considering as a factor the legal ramifications of any desired conduct or decision in the decision making process. For most of us, we tend to live our lives within these predetermined boundaries with no second thought or question as to the morality of the prohibited option nor the moral authority behind it. In this article, it is proposed to look at the nature and scope of the criminal law in our society, and to discuss whether as an entity it is too intrusive, or whether it is naturally a required aspect of regulating society.

It is often said academically that the citizen enjoys freedom to act as he wishes in his life, subject to the regulatory provisions of the criminal law and the criminal justice system. It is thought that as citizens of a particular country, largely at freedom to choose where we live in the world, we impliedly accept the authority of the relevant legal provisions which, for the most part, regulate on a moral level. Of course there are exceptions, i.e. criminal laws of a regulatory or secondary nature which do not directly bear any moral message, such as speeding limits or parking restrictions. So, then, to what extent does the criminal law reflect morality, and further from what source is this morality derived?

The criminal law is said to operate in mind of the public good, and the benefit of society. It could, therefore, be argued to be crossing the boundaries into serious restrictions on liberty when it regulates personal conduct like drug use which may not have any wider impact than on that of the person indulging accordingly. Why should the criminal law impose restrictions on what a person can do with his or her own body? Surely our own freewill is a good enough justification for acting outwith the scope of the law in these types of scenario?

Furthermore an interesting area of the criminal law is potential liability for omissions. In this sense, the citizen can actually be punished without acting at all in a specific way. This takes the criminal law beyond a regulatory framework for the public good into an actual coercive force to make people positively act in a certain way. For example, in some jurisdictions there is a legal duty to report a road traffic accident. This means a citizen who is aware of the occurrence of such will have committed a criminal offence where he does not act in the prescribed manner. Again, this is surely affording a broad scope to the criminal law, which may be seen by some as intruding on the fundamental freedoms and values upon which most modern nations were built.

It is interesting to consider the real impact of the criminal law, and the sheer breadth of conduct it regulates. From the objectively morally wrong to the less obvious cases of imposition of liability, the criminal law places severe restrictions on the general principal of absolute liberty, which is clearly the subject of much academic and philosophical debate.

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The access legal plan

Pre-paid legal plans come in a variety of types depending on the scope of
legal coverage they provide.

The most basic pre-paid plan is designed to make the simple legal services
readily available to the general public at low cost. These plans typically
cost between $10 and $30 per month, billed in advance.
You get unrestricted toll-free number telephone access to a lawyer for
legal advice and consultation. You can also make brief office consultations
to talk to your lawyer about any legal problems you may be encountering.
Your lawyer can also write to letters or make phone calls on your behalf.
This can help resolve many problems before they escalate further.
Other services provided are not overly time-consuming: the drafting of your
will to distribute your property after your death, review of your trust and
any other simple legal document.

If you require any other service beyond the scope of a basic plan, then you
can either pay discounts on regular lawyer fees or pay a premium to upgrade
to a more comprehensive plan.

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Succession Law: The Importance of Having a Will

Although we might not like to think of it, death is a certain fate for us all. When we pass away, our families will go through a stressful and traumatic time as they come to terms with their loss. At the same time, there is a requirement for the administration of our estate, and this is usually bestowed upon a close relative or friend during this already painful time. However, a lack of foresight and planning can be catastrophic, leaving behind a tangle of assets and liabilities and possibly a hefty inheritance tax bill, depending on jurisdiction. On top of that, the absence of a will can mean a distribution of assets on the basis of standard ‘default’ rules, rather than on the basis of your individual preferences. In this article, we will look at some common provisions in the absence of any will, and aim to justify the benefits of making a comprehensive and clear will during your lifetime.

Most jurisdictions will bear some liability to tax on death. This can be a specific problem for the administrators of estates, usually close friends, who must ensure every known asset and liability is accounted for before making legacies and signing off the tax bill. A major problem comes with the personal liability attributed to the administrators, which means that should anything ’slip through the net’ which is later discovered, there may be increased liability to tax. In practical terms, this could mean a surprise bill for several thousand which has already been distributed in legacies and for which the administrator must personally account. Providing for these outcomes in a will is one of the best ways of avoiding this hassle and stress, and it can also be the best way to ensure all assets and liabilities are uncovered. By drafting an effective will, you can be sure your loved ones don’t face financial hardship after you’re gone.

In the absence of a will providing specifically for the administration of a deceased’s estate, it is up to the laws of intestacy to determine what happens to the entirety of our worldly possessions. Unfortunately, this doesn’t usually correspond with the way we’d like things to turn out. For example, in a number of jurisdictions there are automatic provisions for spouses and kids, meaning you can disinherit, even with a will. There is also usually a default order of preference of who gets what and how much they get, which doesn’t necessarily match your favourite relatives, or correspond to actual family set ups. In fact, cohabiters might run into problems getting anything, including the house in which they live without proper testamentary provisions in their favour.

As you can see there are a number of obvious benefits to drafting a will during your lifetime. Sadly, many thousands of people die each year without making these provisions, and it really is a real headache for their friends and relatives who are left with the burden of a fair settlement. Intestacy causes hostility and stress, which can be readily avoided by just simply making a written will. If you haven’t made a will, it is probably a good idea to make a appointment as soon as is convenient with a legal adviser to do so, to ensure your family are provided for as you would intend and to promote a favourable distribution of your estate on death.

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Sex Offender Laws

With the high rise in the number of sex offenders who are also repeated offenders the federal government decided to impose laws requiring all convicted sexual offenders to register with the states in which they live. Although this measure is controversial, government officials are claiming that it is an increasingly effective method of avoiding re-offending in some of the most serious criminals. Is this an invasion of privacy that the states and politicians have imposed upon someone who has served their sentence, or is this a legitimate measure of control for some of society’s most dangerous offenders?

At some point in time, it became acceptable for the government to track former criminals; in requiring them to register as an offender, they are essentially tracking the criminal. They do nothing more than monitor closely their whereabouts, actions, friends, lifestyle, etc. How this came to be is quite scary, while it has occurred for a crime that fits the punishment, after all our children should be protected. It also comes with a price. Many people see this as an intense invasion of privacy and human rights, and in Europe under the banner of the European Convention on Human Rights, such procedures would almost certainly not be allowed.

Since beginning this and requiring that all sexual offenders register with their respective states, it opens the door for criminals of other crimes to be required to register. Once that occurs, it allows the governments to start requiring slowly that everyone be registered for one reason or another. Is this something that the people are willing to let happen? Should the government have full knowledge and control over where you go, who your friends are and where you work?

Many feel that the laws for the sexual offenders are not stiff enough; they call for stricter punishments and heavier penalties for these most despicable of criminals. This comes from the side of people that wish to seek nothing more than revenge. At the same time, if someone commits a crime whom is sent for mental help, instead of jail they are not required to register. Their offenses are recorded differently, and their punishment is much easier.

This can cause serious problems in terms of people not being registered that really should be registered as an offender. The main goal of the program is to protect the interest of the children; after all, they are the main resource worth protecting in society. Nevertheless, how far is too far? Some have suggested implanting the offenders with a microchip that would enable law enforcement agencies to track the offenders’ movements continuously. Is this something that the American public is willing to accept?

With this being talked about, what are the chances of this occurring for other crimes as well? What is the point of releasing someone from the judicial system if they are so dangerous that they must be continuously tracked? As a woman, or a child how safe do you feel knowing that there are people surrounding you whom have been convicted of serious crimes against others? What about as a man, does this change your opinion? The requirement for registration causes social problems and victimization for those offenders, arguably justifiably, who have shown themselves to be dangerous. This has the knock on effect of altering the course of justice, given that these people will have served the appropriate sentence for their crime, and hopefully have progressed through the systems of rehabilitation in place.

How do you think it should be handled? There are some people who truly believe that the registrations processes should be removed, that once their time is served the offenders should be allowed to disappear back into the woodwork and free to live their lives without being under the public scrutiny. These are the people who are looking to have yet another law changed, that could have some very devastating effects on society, particularly for our children in the coming generations.

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Pet Insurance & Public Liability Are You Safe From

Pet Insurance & Public Liability Are You Safe From A Personal Injury Compensation Claim?

Are you one of the million of Britons famous the world over for being a pet owner and lover? If so, do you have pet insurance? If not, you may well want to read on if you want to save yourself millions of pounds.

Lets look at two, not uncommon, scenarios that may happen to a pet owner in the UK:

Scenario 1:

You own a dog. The dog is out in the garden. The post comes to the house to deliver a letter. In the course of delivering the letter your dog bites the postman.

Scenario 2:

You own a horse. The horse is grazing in the field. The horse is startled, jumps the hedge and crashes into an oncoming car.

Do you know what would happen in both of these scenarios? Well, if you dont already know, as you may recall from the recent famous case involving Princess Anne, in Scenario 1 you could be liable to pay damages under the Dangerous Dogs Act. Less well known, in Scenario 2 you could be liable to pay damages under a recent House of Lords interpretation to the Animal Act 1971. Either way, youre paying.

How can you limit the liability youll suffer if either of these unfortunate events where to occur? Without some form of pet insurance policy you could not. As such, if you have a pet and want to save yourself from the prospect of having to pay out a potentially large amount of money in compensation damages to a third party now is the time that you should be considering getting pet insurance.

Although pet insurance is unlikely to cover you for the full costs you that you may need to pay to both defend your self against a claim and also pay compensation if you lose, as there is likely to be a minimum excess payment and maximum cap payment, for a reasonable annual premium payment you can arrange to have cover that would pay a large portion of this amount.

At the end of the day, however, having pet insurance is like having any other type if insurance. Would you go out n the roads and drive your car without insuring yourself against an accident? Would you leave all your valuables at home without having any home contents insurance? Do you want to take the chance that you could be used for million in personal injury compensation without having paid a minimal amount in pet insurance?

Memo to myself I need Keyman Insurance

Last month I had to drive down to London. I don’t like driving at the best of times but the rain, spray and heavy traffic on the M1 made conditions difficult. Radio 2 kept me company and the heater kept me warm. Then I hit that queue – six miles solid and I was soon an hour behind schedule.

They were still clearing up the accident when I got there. It was nasty. A lorry and what was left of two cars. Made me think, after all that could have been me. Yep, my life insurance is up to date and my Will was renewed only last month. The family would be well cared for and the mortgage repaid. Had I missed anything?

The business. What would happen to that? We have two directors, 7 employees, an overdraft and lots of insurance. Public Liability, professional indemnity, vehicles and stock are all insured. We even have legal protection insurance. Had I missed anything? I got to thinking.

Thank goodness it wasn’t George in that accident. A great guy and he’s been with us five years. He’s our top salesman. There again what if it had been my co-director who also owns 50% of the business? What would be the repercussions on the business?

Sales down, profits down, bank phoning all too politely to ask about the Directors guarantee on the overdraft. Then I’d have to try and buy his shares. I wouldn’t want someone else to get hold of those. At some stage I’d have to recruit someone of his calibre to continue the company going forward – that wouldn’t be easy! And recruiting top people doesn’t come cheap. That’s more time and more money. The personal problems the repercussions .. the extra work the extra stress ..

Oh heck, I don’t want to think about it all. Quickly, switch over to Radio 1 .

Does all this ring alarm bells with you? 95.2% of UK businesses employ less than 10 people and these are precisely the organisations most at risk from the impact of severe illness or death of a key person. The risks of a key person being stuck down with a long term illness or death are real. 1 in 5 men suffer a critical illness before their normal retirement age. Then there’s the M1. The fact that it hasn’t happened so far might just mean your business has just been lucky.

Now to those actuarial boffins in insurance companies, risk and luck are flip sides of the same coin. And they can provide insurance cover for most risks. After all they too want to increase sales. But they’re scratching their heads about Keyman Insurance. Most of Britain’s 4.1million small businesses should have it but few do. What can it do? It can be structured to:

Provide an income stream to the company whilst the key person is incapacitated (compensation for the lost contribution from the Keyman)

Provide a lump sum to the business in the event of death (pay off the overdraft or simply bolster cash flow?)

Provide money for remaining shareholders to buy the shares from the original shareholder or their estate

You’ll need to talk to a Financial Adviser about these issues but they are all insurable. Can your business afford to take a risk it doesn’t need to?

Memo to myself get Keyman Insurance!

Medical Review Companies Role in Your Insurance Claims – Your

Medical Review Companies Role in Your Insurance Claims – Your Health, Your Coverage, Your Guarantee

A medical review company supplies more than a second opinion. The unbiased nature of a medical review company is critical not only to the bottom dollar, but to the final result. Too often, patients think they are just numbers in a file or bits of information in a computer program. The maligned image of an insurance companys automatic denial of claims without really understanding the patients need contributes consumer dissatisfaction and frustration.

What Does It Have to Do With You?

Patients are people and when they need healthcare, they dont want to read the fine print or a medical dictionary, they just want their claims covered. Most often, its unlikely they would realize that their insurance claim went through an Insurance Review Organizations medical insurance review process. In fact, they probably just fill out the forms, hand a receptionist their insurance card and sign on the necessary release forms.

One of the most common complaints about needing healthcare is the cost followed closely by the complications of paperwork generated through authorization forms, claim forms and more. An insurance review organization is an intermediary company that insurance companies may outsource their claims to in order to determine with medical and insurance coverage accuracy the validity of a claim filed by someone insured by their company.

Your Health Matters

Insurance companies who deny a claim are often portrayed as heartless or more interested in the bottom dollar than they are about showing compassion. This perception is only augmented when an insurance company rejects a claim for anecdotal evidence. When a claim goes through a medical review companys insurance review process it will not be rejected or denied based on anecdotal evidence.

For example, a patient suffers from shoulder, back and neck pain as well as bra strap grooving and eczema. Her medical history indicates years of chiropractic treatment as well as advice for non-steroidal anti-inflammatory drugs (i.e. Tylenol, Advil) and worn specialized support bras to support a 34DD frame and all of it to no success. Excessively large breasts can cause many of the symptoms the womans medical history indicated.

The doctor recommended a breast reduction procedure to alleviate the problem and the symptoms.

Your Coverage Matters

When the claim is submitted to the insurance company, the policy may not cover elective cosmetic procedures. Many policies do not. Claim managers lacking medical expertise will often compare a procedure request against a list of approved procedures. If cosmetic procedures are not covered, it is likely the claim will be denied. The patient is left either choosing to pay for the procedure out of pocket or continuing to suffer.

If the claim is submitted to a third party intermediary such as a medical review company, the answer will be different. The medical review company has access to a large number of medical specialist and insurance experts. The medical specialists will review the patients medical history and the doctors recommendations. When her file is reviewed, the third-party specialist will take into account the history of shoulder, neck and back pain. They will note the visits to a chiropractor and other pertinent symptoms.

If the medical specialist agrees with the patients physician that she is suffering from Macromastia (excessively large breasts), then he or she will understand that the cosmetic surgery of breast reduction provides the patient with the best option for the patients relief.

Confidence Matters

The review process may be transparent to patients whose insurance company uses a medical review company; but the effect is profound. Their coverage premiums will likely be lower. Their medical needs will be addressed. They will not see their healthcare costs rise due to the underwriting of unnecessary procedures. When it comes right down to it, a medical review company gives patients confidence that both their medical and insurance needs will be met. They wont have to suffer misery unnecessarily nor face collections over mounting debt.