If you are hurt, then you are hurt, no matter what the adjuster says or does. If you are hurt, don’t worry about your case. See a doctor and have a check up. If the worst thing that happens is that the doctor says you are okay, than that is good news. On the other hand, if you wait, you may be aggravating an injury. What’s worse, insurance companies routinely take the position that if you wait more than a few days to seek medical attention, then you weren’t really hurt. They will reduce the amount they will pay accordingly.
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Personal injury, auto accident, slip and fall law
Many firms that handle car accidents will do so on a contingent fee basis. This means that if you don’t collect, they don’t get paid attorney fees. Contact Us for more information about auto accident cases in Texas.
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Personal injury, auto accident, slip and fall law
You have a few different options, depending on the type of insurance you carry. Your insurance may cover you, even though you weren’t at fault. Our office would have to review your policy to be sure. Even if the person does not have insurance, you may still be able to pursue a claim against the uninsured driver. Also, Texas law provides that if a person fails to maintain financial responsibility for an accident, in some cases, the state can revoke a person’s driver’s license until they pay for the damages they caused. Please Contact Us for more information.
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Personal injury, auto accident, slip and fall law
ERISA is a federal law that stands for the “Employment Retirement Income Security Act” of 1974. This law is designed to protect retirement, pension and 401(k) plans.
ERISA requires employer plans to provide subscribers with specific information (such as disclosures about plan benefits and how the plan is funded). This law also assigns fiduciary responsibilities for those who manage and control plan assets.
Finally, the Act requires such plans to establish a grievance and appeals process for subscribers/employees and gives employees the right to sue for denials and breaches of fiduciary duty by plan administrators.
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Insurance Law
insurance
Patient dumping is when a hospital emergency room refuses to treat or diagnose an emergency situation on an individual due to their inability to pay (real or perceived.)
EMTALA is a federal law, 42 USC 1395 dd. It stands for the Emergency Medical Treatment and Active Labor Act, but is more commonly referred to as the “anti dumping act.”
This act states:
In the case of a hospital that has a hospital emergency department, if any individual (whether or not eligible for benefits under this subchapter) comes to the emergency department and a request is made on the individual’s behalf for examination or treatment for a medical condition, the hospital must provide for an appropriate medical screening examination within the capability of the hospital’s emergency department, including ancillary services routinely available to the emergency department, to determine whether or not an emergency medical condition [...]exists.
In general, this statute is designed to prevent certain hospital emergency rooms from refusing treatment to individuals based on their ability to pay. The statute provides for civil penalties if a hospital fails to comply with the statute.
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Insurance Law, Personal injury, auto accident, slip and fall law
Business insurance planning includes insurance against the loss of a key person who is vital to the survival of a business. This type of policy can be used to inject cash into a business in order to survive while you replace the lost person. It can also cover buy/sell agreements, allowing the surviving member of the business to buy out the deceased member’s interest. Other types of insurance planning include wholly owned or captive insurance companies, umbrella insurance policy planning and commercial liability. Contact Us for more information.
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Insurance Law, Wrongful death and probate
If the initial premium was paid out of community funds, the life insurance policy may be a community asset. This means that one half of the policy “belongs” to the surviving spouse. If a third person is named beneficiary of a community owned life insurance policy, and the surviving spouse did not sign a waiver, then the surviving spouse may challenge the beneficiary designation. If naming the other person is found to be a fraud on the surviving spouse, the spouse may be awarded a share of the death benefits and the named beneficiary will be entitled to receive the remainder. If you have an insurance issue that you would like to discuss, please contact us.
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Insurance Law, Wrongful death and probate
common law marriage, fraud, life insurance, probate litigation
The first thing you need to do is remain calm. Check yourself and your passengers to see if they are okay. You should also contact the police and request a police report. If you can safely move your vehicle out of traffic, you should. Do not give any statements about what happened to the insurance company until you have consulted with a lawyer.
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Personal injury, auto accident, slip and fall law
