Under ERISA, before denying a long term disability claim, an insurance company or “plan” has “the responsibility to fully investigate” that claim. Capone v. Aetna Life Ins. Co., 592 F.3d 1189, 1199-1200 (11th Cir. 2010). However, instead of performing their responsibilities properly, many insurance companies hire and rely exclusively upon the report of non-examining, file-reviewing, physician consultants. Insurance companies typically use these consultants to deny benefits based upon the consultant’s implicit credibility determination that a Plaintiff’s subjective complaints of pain, Continue reading “DISABILITY CLAIMS CAN BE BASED ON PAIN, FATIGUE & DIMINISHED CONCENTRATION”
If you are injured in an accident as a result of someone else’s negligence, then you should be compensated. The principle seems simple, however accidents are not always black-and-white when it comes to determining fault and, in many cases, both parties may share fault. When liability is split, what impact does that have on your ability to collect damage reparations? The answer lies in “comparative fault” laws.Continue reading “THE EFFECT OF COMPARATIVE NEGLIGENCE ON YOUR INJURY CLAIM”
In car accident injury claims, the prevalent assumption is that negligence on one of the motorist’s behalf is responsible for the collision and any resulting injuries. When it comes to commercial truck accidents, however, the circumstances may not be so simple. While it is easy for injured motorists to assume that a truck driver is responsible for the accident, negligence may fall with other parties.Continue reading “DETERMINING NEGLIGENCE IN A TRUCK ACCIDENT”
Imagine the following scenario: you’re shopping at local supermarket when, while passing by some food freezers, you slip on some leaking water and injure your wrist. Do you have a claim against the store for a premises liability claim?
Many injury victims who have been hurt under similar circumstances are unsure how to proceed. Was it really the store’s fault? Why wasn’t anyone else hurt? How would I even prove that it wasn’t my fault?Continue reading ““DUTY OF CARE” & YOUR PREMISES LIABILITY CLAIM”
When filing a personal injury claim, victims must approach the court with a definitive amount of money they’d like to pursue from the defendant. This number represents medical bills, lost wages, pain and suffering, and other hardships resulting from the accident that harmed the plaintiff. However, what happens when the plaintiff is so seriously injured that they will need ongoing care? How is the amount of compensation calculated then?Continue reading “MAXIMUM MEDICAL IMPROVEMENT AND YOUR INJURY CLAIM”
Motorcycles offer riders an unparalleled level of freedom on the road, but their very design makes riders especially vulnerable to serious accidents. While motorcycle crashes happen for a wide variety of reasons, certain types of accidents are more frequent than others. In this blog, our Dalton accident attorneys explore three of the most common types of motorcycle crashes, as well as how you can help prevent them.Continue reading “3 COMMON TYPES OF MOTORCYCLE ACCIDENTS”
Imagine you’re traveling down the highway maybe just a few miles over the speed limit (like many of us tend to do). Up ahead, a pile-up occurs due to someone texting while driving. You try to stop in time, but can’t and collide with a car, breaking your wrist and nose. Clearly, you didn’t cause the accident, but if you hadn’t been speeding, you may have avoided the collision all together.Continue reading “CAN I FILE SUIT IF I CONTRIBUTED TO MY OWN INJURY?”