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Laurie St. Clair’s story

Posted By on Oct 13, 2017

In 2015, a woman in Torrance suffered a novel and heartbreaking kind of medical malpractice. Laurie St. Clair, 53, died from liver cirrhosis. The cause of her death was not the lack of an available liver but was in fact due to her insurance company, which disputed who should pay for the entire process of the liver transplant procedure for so long. St. Clair passed away not just before a donor could be found or an operation could take place, but before she had even been able to consult a doctor.

The attorney for the family, Travis Corby has called the behavior of the two HMOs responsible for this tragedy suggested they were “callously indifferent” to the fate of St. Clair.

The HMOs in this case, Health Net of California and HealthCare LA spent months negotiating a contract for an out of network liver transplant, a situation Corby says should not be legal.

“No person in this country should be forced to wait months just to receive an initial consultation for life-saving treatment,” he told the Daily Breeze. “HMOs like Health Net and HealthCare LA should not be permitted to make patients wait in perilous condition while it spends months “negotiating” a contract and looking to save itself money on care that should be immediately available to its insureds.”

He added that such behavior amounted to “death by bureaucracy.”

The situation, it appears was even worse. Not only were the HMOs slow to negotiate a contract, they ignored weeks of phone calls from the family begging for a resolution.

According to Corby, St. Clair’s situation is unfortunately not at all unique. He said he often saw cases like St. Clair’s in which insurance companies were responsible for the severe injury or death of its clients.

St. Clair’s situation raises a question about American insurance and how it should also be included amongst any debates about medical malpractice suits. While suits are usually assumed to be due to a doctor or hospital error, the definition may have to be expanded to include the “death by bureaucracy” situations Corby describes and St. Clair tragically experienced.

Lawyers like Corby and other firms see too many cases in which death and injury would have been avoidable if only for a faster insurance process.

While the country debates health care options, more should be said about the problems within the insurance companies themselves, and not just how rates can be controlled. Whether it is through greater government incentives or the so-called “public option” which would allow for a government-run insurance to counter the private industries, more should be done to decrease the number of cases similar to St. Clair’s.

Until then, too many people will worry not just whether donors can be found but whether their insurance will work fast enough to save their lives.

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Personal Injury

Posted By on Aug 15, 2017

After a horrible accident, the most important thing is recovery. The injuries that an accident can cause are devastating and deserve medical attention and time to heal. However, paying for the medical attention is a heavy burden. There is no way of knowing when, where, and how an accident can happen, so a person may not always be financially ready when it does happen. Finding a lawyer for help with legal advice after the accident is always a good idea. Personal injury lawyers, such as those at Brunkenhoefer P.C., can cover a wide range of accidents:

  • Motor vehicle accidents
  • Bicycle accidents
  • Boating accidents
  • Catastrophic injuries
  • Product liability
  • Wrongful death
  • Construction accidents
  • Gas field injuries
  • Longshoreman accidents
  • Maritime accidents
  • Oilfield accidents
  • Plant & refinery accidents

When choosing a lawyer, take their experience, training, and background into account. An expert in one field may not make for the best in another. For example, immigration lawyers may not be the best choice to fight for a personal injury case.

In dealing with an accident, getting a lawyer that will cover the paperwork aspect so that the victim and their loved ones have time to heal is one of the best decisions. If the lawyers can prove another party involved in the accident was negligent, then the victim can receive compensation for medical expenses, lost wages, pain and suffering, and for some personal property damage that may have happened in the accident.

Time is very important in this process. If the victim waits to long to file the lawsuit, the case may reach its statute of limitations, forcing the victim to forfeit all their rights to any compensation.

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Risks of Driving Drunk

Posted By on Jun 20, 2017

Driving while intoxicated is probably one of the worst things you can do on the road. It is up there with distracted driving, speeding, street racing, tailgating, and weaving. But there are many drunk drivers on our roads, because they do not have designated drivers who can take them home after a night out, they do not fear getting caught, and they do not fear the possible consequences.

You can get arrested

Driving under the influence of alcohol is against the law. If you are charged with this offense, you can face fines, license suspensions, jail times, and other penalties. These may give you a significant hit financially, as the fines can reach thousands of dollars. The license suspensions may make it harder for you to get around the city. The jail times may make you lose your job.

DWI charges can be defended. But who wants to deal with the hassles of legal matters? It is better to just avoid drunk driving altogether.

You may be involved in an accident

Drunk driving is illegal because alcohol can significantly affect your driving skills. Physically, you can lose control of your body, feel fatigued, or experience vision problems. Mentally, you may not understand traffic lights and warning signs and have a slow reaction time. These problems put you at risk of car accidents.

You put others at risk of accidents as well

You are not the only person on the road. If your driving skills are limited, you are also putting the other people around you at risk. This includes passengers, pedestrians, other drivers, motorcyclists, and bicyclists.

What makes this worse is the fact that they are innocent and only got involved in the accident because of you. This is especially true if they have sustained an injury because of the accident. Traumatic head injuries, whiplashes, spinal cord damages, and broken bones, are some of the worst injuries they can sustain.


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What is a Rollover Car Accident?

Posted By on Oct 21, 2016

The National Highway Traffic Safety Administration or NHTSA estimates that rollover accidents are responsible for about 10,000 traffic fatalities each year. A rollover accident refers to a type of motor vehicle crash that is caused by a vehicle turning over on its side or flipping upside down. The vehicles that are most prone to these types of accidents are SUVs or any other vehicle that are larger, taller, and have a center of gravity that is higher up from the ground.

The main reason behind rollover accidents is the inherent stability issues that SUVs, 4-wheelers, and other similar vehicles have. Given that these types of vehicles both have a higher vertical clearance and a center of gravity that’s farther from the ground, they become prone to instability when making sharp turns or abrupt lane changes in narrow roads. These risks could further become compounded by mechanical defects and problems with the car’s original design. It is particularly because of flaws in a vehicle’s design that many car manufacturers have issued recalls for their SUVs and 4-wheel vehicles. For the year 2015, General Motors recalled nearly 780,000 of their crossover SUVs due to issues with its gas struts.

The recent years have seen plenty of car manufacturers making great effort to minimize the risk of SUVs and similar vehicles by installing safety features. However, many of the SUVs that are driven out by individuals are older models that have yet to be outfitted with safety functions. This leaves both drivers and passengers vulnerable to the devastating consequences that could happen due to rollover accidents. If you or anyone you know has been injured in a car crash caused by a rollover incident, do not hesitate to seek out legal counsel to learn more about your options. Contact a qualified personal injury attorney to know more about the legal avenues available for you.

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Driving without a license is illegal in the United States as well as anywhere in the world. Once revoked, it will restrict you from going to places you want to go. A suspended license may keep you from going to work or school or performing daily tasks. In this article, we will cite several reasons your license can be suspended.

  1. You have accumulated too many driving points

Each state has a certain point system that assigns points to minor and major traffic offenses. When you have reached a certain number of points within a set period of time, you could end up driving without a license.

  1. Repeated Offenses

Another reason your license can be suspended is when you commit the same violation multiple times already. In some states, for example, your license can be revoked if you commit a certain number of reckless driving offenses within a given period of time. Depending on your state, you could be dubbed as a “habitual offender” after reaching a certain number of convictions.

  1. You have been charged with a serious offense

While this may vary from one state to another, some serious offense will merit an immediate revocation of your license. These offenses may include DUI, DWI, felonies involving a motor vehicle, vehicular manslaughter, and others.

  1. Inaccurate Driving Record

Inaccuracies in your driving record may include the following:

  • A higher number of accumulated points than you actually have
  • Traffic tickets that you won or the judge dropped because of your completion of traffic school
  • DUI convictions that you won or which you got an acquittal verdict
  1. You have no insurance

If you were caught without insurance or at least a certificate of insurance, your license can be suspended.

  1. A Simple Case of You Forgot

Maybe you are aware that you are supposed to pay a fine or attend traffic school but you simply forgot.

When your driver’s license has been suspended, you may be required to do the following:

  • Stop driving for a certain period of time
  • Enroll in a defensive driving course or traffic school
  • Obtain SR-22 from your insurance carrier
  • Settle the reinstatement fee

The best way to keep your license to be revoked is to be a responsible driver and follow traffic rules and regulations.

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In a car accident, an at fault driver’s bodily injury liability policy is meant to cover the physical injuries suffered by a victim, while his property damage liability policy is intended to pay for the victim’s damaged properties. This is how things work in tort states, that is, states where tort-liability policy is the type of car insurance coverage required of all drivers.

In tort states, compensation to the victim is paid by the liable driver’s insurance provider. Often, a lawsuit is filed by the driver who claims to be a victim in the accident. The purpose of this lawsuit is to prove the other driver’s liability, show the extent of damages caused by the accident and to seek the compensation the victim may be deemed worthy to claim.

The case is totally different in states where the no-fault or personal injury protection (PIP) coverage is mandated. Besides the non-necessity of filing a lawsuit, compensation is paid by the drivers’ respective insurance providers, regardless of who is at fault in the accident. At present, of the 48 states where carrying car liability insurance is a mandate, the following impose the no-fault car insurance law: Florida, Hawaii, Kansas, Massachusetts, Michigan, Minnesota, New York, North Dakota, and Utah. While the no-fault car insurance is also recognized in the states of Pennsylvania, New Jersey and Kentucky, drivers are still given the option to choose either this policy or the tort policy.

It is only in the states of New Hampshire and Virginia where carrying car insurance is not mandated. In these two states, drivers are simply required to demonstrate capability (by posting a bond or cash) to provide sufficient funds in case of an accident that is due to their fault.

The mandate to carry car liability insurance, also called the financial responsibility law, however, is not followed by all drivers. In fact, according to the Insurance Research Council, 1 in every 8 drivers in the US still drives despite being uninsured. The reason? They (or at least most of them) find insurance policies too expensive.

While there is truth to this claim, any independent car insurance company would agree and say that not carrying insurance can prove to be much more expensive (than carrying one) in the event of an accident. Wausau, Wisconsin car accident attorneys, specifically, advise drivers to seek the assistance of an independent car insurance agency, which can help them identify the best possible policy deals and rates regardless of their driving history, vehicle make and model, and, most important of all, budget.

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The charges for drug possession in the United States of America change depending on the state. They all take drug offenses seriously although claims all have independent regulations in place. Somebody facing drug possession prices might encounter quite lengthy jail time and monetary charges that are serious. With regards to drug’s form as well as in which condition the wrongdoing occurred, somebody being disciplined for expenses of possession might have different decisions. The consequences could vary from a fine of less than $ 100 and/or even a couple of days in jail to many years in prison in some circumstances for your same offense.

The “possession” of the controlled substance happens whenever a person possesses or simply includes a substance that is illegal or a medication. These prices usually are employed when somebody is grabbed with cocaine marijuana, methamphetamine, or other narcotics.

Somebody possessing crack in New York gets a revocation of their driver’s license, and incarceration of up a penalty fine of up to $ 1,000, to 12 months of prison time. That’s only around the first offense. The next moment someone is captured in control, the penalties are the just like the first but doubled: As Much As two years in state jail, a fine as high as $2000 as well as cancellation of the person’s Driver’s License.

Based on drugs’ possibility of misuse and addiction, they are placed into categories in states like New York. Drug and methamphetamine are in Schedule 1, the most critical. The fines are then further classified according to of the quantity of the medication found in person that was one’s.

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A number of people who suffer from an easy case of slip and fall might will not genuinely believe that much harm can be done. How may falling on your booty trigger injury that is so much? It might absolutely trigger people to laugh, but it actually cause serious injury.

More than two million subjects of slip and fall injuries annually, however, this really is definitely not a joke. Because of it could cause cracks, triggering severe problems, also impairment. The Consumer Product Safety Commission (CPSC) knows this to be always a truth, stating that most slide and falls are construction site accidents, evoking work to be missed by the patients, days’ number is dependent upon the injury sustained’s severity.

In line with the CPSC, a slip and fall collision could be the most typical reason behind harm at work and hip fracture will be the harm usually experienced by subjects, whose ages generally fall between 15 and 25. The CPSC says further that the most common reasons why such incidents occur are wires, cunning or slippery floors, inadequate lighting, sloping methods or floors, unnoticeable small elevations on floors, spots or damp floors, lack of warning signs or guardrails where these should really be current as well as other kinds of threats that may create an individual to slip or trip.

According to the website of Hach Rose, although the accident is normally charged to the subjects themselves, for failing to take notice of probable dangers or get extra care when walking, it’s still the owner of the firm or place (if the accident happens beyond your construction site) that has the more responsibility over the reason behind the incident.

It could be an incident of disregard to the part of the proprietor or manager (and his/her distributors while in the people of executives and professionals) in discovering to it that the office is obviously protected from possible incidents which could simply be eliminated. Such neglect can be the most common reason for added charges for the company, which has to compensate the wounded employee for wage loss and hospital treatment when the incident causes the employee to overlook work.

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A person with massive debt, that’s struggling to pay can possibly undergo that nerve-racking connection with stressed and being hounded by collectors or debt -collectors till she or he makes a required selection to cover what he or she owes.

Lack of action, reduction in revenue, an urgent health problem that requires expensive hospital treatment, divorce, and all calamity, etc., are merely some of the reasons for inability to pay other debts , a vehicle loan and/or a mortgage. But the more obligations overlooked only results to your debt’s cost piling up till it reaches an amount that’s presently very impossible for that consumer.

Can a client still conserve himself or herself from their ostensibly impossible and overwhelming debts? A “No” will surely be harmful; luckily, an answer of” “Yes” is a legal one due to Bankruptcy.

This season, bankruptcy filed in several U.S. national courts. Bankruptcy is a legal treatment when someone (or a business) declares the inability to make further payments in settlement of his or her debts. It has been authorized by the legislation to give people (or companies) a new come from their economic lives.

In most worry a bankruptcy section is what might be the right alternative. Liquidation bankruptcy or Chapter 7 Bankruptcy, as an example, is one which requires a consumer to surrender to a court-employed trustee her or his “non-belongings that are exempt” and attributes for liquidation. One job of the trustee would be to sell these homes in order to raise the amount in paying off the borrower’s lenders required. Payment will simply be on debts that are non-dischargeable; these include, but are not limited to:

  • Obligations that are unpublished and lenders
  • Many student education loans, unless by spending these, hardship” that is “undue would be caused to his or her dependents or the borrower
  • National, condition, and local fees which are only 3 years old from your occasion these first became due
  • Court costs
  • Government- restitution and penalties
  • Support and alimony
  • Debts if these are outcomes of DUI caused by wrongful death or accidental injury problems

Dischargeable Debts, on the other hand, contain etc., individual loans, bank card loans bills, electricity bills that are prior; the debtor is freed from these debts from the courtroom.
For “non- exempt,” some of the belongings and homes that the law has determined under this distinction include:

  • Automobiles, jewelry and tools employed by the consumer invocation – or her or his business but solely up to an importance that is selected
  • Automobiles, jewelry and tools employed by the consumer invocation – or her or his business but solely up to an importance that is selected
  • Realistically necessary home items and furnishings, and clothing
  • Household appliances
  • Unemployment compensation Pensions, social stability advantages plus a particular percentage of the borrower’s however outstanding but earned salaries
  • Reimbursement for injury.
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It might be simpler to reconcile the payment promises when two autos are participating and the responsible driver is set when motor vehicle collisions occur. For most accidental injury statements, the matter is always to learn who is at-fault and understand the guidelines that pertain for your state to find out how payment is going to be presented along with. Here is the reason motor vehicle collisions concerning inadequate route situations can take time to be fixed.

According to the website of an Appleton injury attorney from Habush Habush & Rottier S.C. ®, there are many bad street conditions that could feature to highway accidents – erosion, faulty types, cracked traffic lights, absent guardrails, potholes, and lots of other street problems could all result in significant road accident. As the plaintiff has to be able to prove that the bad street problems will be the reason behind the incident and injuries whether a driver can prosecute could be an intricate issue. Furthermore, since locations, counties, and states keep up roads, and also other government agencies, it is important for the plaintiff to totally determine who’s for retaining the roads that triggered the collision, responsible. Suing the government organization that is wrong may set your case in limbo, where it may be condemned to malfunction. Not just does determining who’s responsible for road preservation critical, additionally it helps because is makes it clearer the ones liable and could be prosecuted for injuries and reimbursement.

When the plaintiff and their attorneys have established who’s responsible for the collision, it should follow they should exhibit the bureau did not conduct their responsibilities of ensuring highway safety and liable was negligent. Must it’s established the firm concerned can have, but chose to not, repair or clear the streets to guarantee the security of the drivers, then they may be used liable for destruction and compensation. Moreover, if the organization has built the street in a faulty or risky method, then they should be held liable.

It may not be easy to prove the inadequate road conditions have what induced the collision and injuries, particularly when you will find no witnesses reports to present as research. The primary reason why acquiring lawful support is to ensure that your claim will not be refused and that your rights are secured.

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