St. Cloud Personal Injury Lawyer - insurance companies

Do We Already Have Death Panels?

Mike Bryant — Thu, 22 Oct 2009 09:12:00 GMT

There was a spat of complaints that were being thrown out there that the new Health Insurance legislation included death panels. It seems that anyone who can read has been able to find that the basic claim is untrue and that any broader reading only allows for doctors and patents to consult and make decisions together outside insurance companies.

But what do we have right now? The New York Times recently looked at the issue and found some scary things. They covered the story of Eric De La Cruz, of Las Vegas, who was diagnosed with dilated cardiomyopathy. He couldn't find coverage because of a pre-existing condition. instead he had to post a deposit of at least $150,000 to be evaluated and placed on a heart transplant waiting list. The cost of all of his care was nearly $1 million dollars for a transplant and subsequent hospital care. His sister, Veronica De La Cruz, through a public campaign raised nearly $1 million in less than two weeks. He was able to enter the University of Southern California health system and was placed on the 'high-priority transplant list. But, as his sister pointed out after the " all the delays and denials", too much time had passed and he became too sick for the procedure" and died on July 4.

Just one story, but an example of the system that we have right now. A system that denies coverage and delays claim after claim. Now , I would agree that there isn't a panel in hangman masks making the decision, but the reality is that there should be outrage with what people are not getting right now.

Originally posted at InjuryBoard by Mike Bryant

Question of the day: Don't Be Afraid To Ask Your Question

Mike Bryant — Tue, 30 Jun 2009 09:46:00 GMT

During the month of June, I have been addressing common questions that get asked in our practice. Today's Question is really advice: Don't Be Afraid To Ask Your Questions.

It is imperative to the attorney client relationship that you ask the questions that you have. If you are at home- write them down and call when you need to. There is nothing like information that would have help the case but for some reason was never asked about. Always keep in mind, that you hired the attorney. It's not the other way around. So if you have a question make sure you get it answered.

These questions and answers were not intended to replace a consultation with an attorney, nor do they take into consideration facts that may differ about your particular case. Here at the Injuryboard, we have experienced attorneys who can deal with your individual questions and best help you with your case. Feel free to get the help you need by contacting one of us.

Originally posted at InjuryBoard by Mike Bryant

Question of the day: When should I talk to an attorney?

Mike Bryant — Thu, 18 Jun 2009 09:54:00 GMT

During the month of June, I am addressing common questions that get asked in our practice. Today's Question is: When should I talk to an attorney?

We usually suggest as early as possible. Once you have gotten through the initial issues of an accident and have seen the doctor, you have a start to the whole picture of what has happened to you. The insurance companies get out quick and will attempt to get ahead of you as far as investigation goes. It is important that you not sign anything, nor give up any of your rights until you have had a chance to talk to someone knowledgeable who represents individuals with your same issues.

These questions are not intended to replace a consultation with an attorney, nor do they take into consideration facts that may differ about your particular case. Here at the Injuryboard, we have experienced attorneys who can deal with your individual questions and best help you with your case. Feel free to get the help you need by contacting one of us.

Originally posted at InjuryBoard by Mike Bryant

Question of the day: Should I wait to hire an attorney?

Mike Bryant — Thu, 11 Jun 2009 13:15:00 GMT

During the month of June, I am addressing common questions that get asked in our practice. Today's Question is: Should I wait to hire an attorney?

A lawyer's most important job after an injury is collecting evidence. Do you know what photos, papers and medical care will be important? A good lawyer knows. While it may take a long time to get your case to the point of settlement, there are many things that a skilled personal injury attorney can do to document and help prove your case. In some collisions, early investigation can mean the difference between winning and losing. Many insurance companies set the reserves for your case very early. They need to be updated to ensure that those reserves are appropriate and reevaluated. Hiring the right person helps in making the regular updates and keeps you from making mistakes by talking to the adjuster yourself.

It is often very sad for us to see damage done to an injury case becasue the clients waited to hire us. Remember, it doesn't cost any more to hire a lawyer early rather than later!

Originally posted at InjuryBoard by Mike Bryant

Insurance Companies Part In The Medical Reform Debate Needs To Be Watched

Mike Bryant — Sun, 31 May 2009 22:07:40 GMT

For many Americans, the Obama administration directive to seriously attack the heath care crisis was a welcomed plan. There is no doubt that costs are continuing to rise and more and more people are in need of help paying for their care. As always, there will be groups that will want to gain financially from the outcome. The disaster that was created when the pharmaceutical companies wrote their own prescription law will be a cost that we will face forever.

It is expected that the insurance interests will want to focus on tort reform to achieve money savings. The first question is savings for whom? We've been spending the month of May here at the Injuryboard discussing the issue of tort reform. There is no support for the notion that the amount of money paid in claims is a significant part of the whole medical budget. There is also solid support that tort reform fixes will only drive down care and leave even more consumers without protections.

Now, I can hear it already. Everyone needs to feel the pain. Well tell me what person who has been the subject of a significant malpractice injury hasn't felt the pain already? Won't a focus on better care and safer conditions do more to reduce the problems? These are important constitutional rights that every consumer needs to have protected. That needs to be clear as all of those around the table take a seat with their own interests.

Originally posted at InjuryBoard by Mike Bryant

Top Reasons Why Consumers Complain To Their Insurance Companies

Mike Bryant — Wed, 18 Mar 2009 09:37:00 GMT

The National Association of Insurance Commissioners (NAIC) recently compiled the complaints that are made by consumers against their own companies and provided the following list:

Top Five Reasons for Complaints in 2008
Total No. Percentage

Delays 26,844 19.1%

Denial of Claim 25,851 18.4%

Unsatisfactory
Settlement/Offer 20,021 14.2%

Premium and
Rating 6,644 4.7%

Cancellation 5,618 4.0%

The report also found that a total of 195,669 confirmed consumer complaints on insurance companies were reported in the 2008 calendar year. Also that accident/ health and auto insurance coverages were the target of the most complaints.

A review of the list seems to confirm that the tactics of Delay, Deny, Defend not only are very much at work, but that people don't like them. Considering that the people in this survey are the consumers who are buying the product, hopefully these findings will wake the industry up.

But, if they don't and you continue to have a problem, remember to contact an experienced personal injury attorney to explain your rights and to make sure you are protected.

Originally posted at InjuryBoard by Mike Bryant

Unconscionable Settlements Don't Let Them Happen To You Or Your Friends

Mike Bryant — Sun, 15 Mar 2009 20:36:00 GMT

A couple of times a month we will get a new client in that will have had an offer already. Occasionally, the offers make sense and all we do is review it and advise the client that it's about what they would get if they were represented. We'll advise them about there are other issues or coverages that have to be dealt with, but overall it's fair. But, many times we see insurance company offers that are tantamount to fraud.

Recently, my partner met with a person who didn't speak English. He was weeks away from his accident and was obviously in extreme pain. The company for the at-fault party was offering him a few hundred dollars; basically pennies for his case. But, they were telling him that the paper he was to sign was nothing important. In reality, it was a TOTAL release of all of his claims.

Now, since he was so close to his accident it's possible that he may not have met a threshold. Many people get better, but that would only mean he was one of the very fortunate people who don't receive anything for their case, but he's all better. Alternatively, if he does have a permanent injury and a serious loss, this grab by the company to swindle him is out and out fraud.

If you are in an accident it's free to sit down with an experienced personal injury attorney who can advise you as to what rights you have. If you have a friend in this situation it's better to tell them to see someone that understands the complexity's of personal injury.

Originally posted at InjuryBoard by Mike Bryant

Norm Coleman's Letter As Disingenuous As He Has Always Been

Mike Bryant — Sun, 25 Jan 2009 22:14:28 GMT

I've written a number of times about Norm Coleman's flip flops. It's been interesting to watch him change parties, votes and even beliefs. His latest open letter to Al Franken may be an all time change, even for him. Read the letter and it seems like it was written by one of the Founding Fathers. The belief that every vote is sacred, shines through. But, a close look and a reflection on what he's said over time almost makes this letter laughable.

- First let's remember that he had no problem with those absentee voters that voted for Paul Wellstone being disenfrachised in his first election.

- The day after this election he asked Frankin to do the Minnesotan thing and give up the fight.

- After years of being a propionate of tort reform that takes away peoples legal options , he heads right to court when he's not happy with the recount.

- He seems to forget in the letter that the recount was automatic and that he agreed to the way it was done. That through out the recount, he has never once taken the position that all votes should be counted.

- He used the interesting statement that Franken may not agree for "tactical reasons" when his whole legal defense has been making tactical moves to set things up for the federal court lawsuit that will follow.

I have always believed that every voted should be counted. It seems that they were counted the night of the election. As was legally required, they were recounted and scrutinized by all parties involved with the recount. So what has it been 3 maybe for times counted?

Each side wants to win. It would be honest for Coleman to just say that. But, does Coleman really expect us to believe this letter came from anywhere other than his ever changing belief of the day? "we would at least ask that your campaign does nothing" Please.

Originally posted at InjuryBoard by Mike Bryant

Hypocrisy: Courts Must Be Just For Coleman

Mike Bryant — Tue, 06 Jan 2009 20:52:42 GMT

As Mayor of St Paul, he called for Tort Reform day, which was against frivolous lawsuits. As a Senator, he voted for insurance companies, big business and against the rights of regular consumers. Norm Coleman seemed to champion the idea of closing the courthouse doors to medical malpractice victims, women, the young and the elderly. The results are in from the election and he files a lawsuit.

I guess he thinks the courts are just for him. Or maybe this will cause another change in his historically inconsistent positions. I doubt it, but I guess it's possible. Clearly he is within his rights to fight this thing to the end, but let's not pretend that it's got anything to do with really caring about protecting the peoples right to vote. If that was the case, his argument would be to count every vote, no matter what. He wouldn't be asking for just certain absentee ballots to be considered. He just wants to win and those who pumped money into him, need him to win because they've already lost a lot of his big business protecting friends.

Originally posted at InjuryBoard by Mike Bryant

Insurance Companies Delay, Deny, And Defend Further Explored

Mike Bryant — Thu, 13 Nov 2008 20:25:23 GMT

The American Association for Justice (AAJ) this week released a follow up report to their list of the 10 worst Insurance companies. At that time, the report discussed the tactics of Delay, Deny and Defend.

Delay the claim so that people give up and they hold their money.

Deny the claim, because people will just let it go.

Defend the claim, so that people have to go to court and things get dragged out as long as possible.

In the additional report, the tactics of Delay, Deny, and Defend are further explored. The report reconfirms the importance of attorneys who are good at representing the injured in order to make it past these tactics. Tricks of the Trade details six tactics that target policyholders, names the insurance companies that are engaging in these practices, and lays out what consumers can do to prevent abuses and fight back.

It's information every consumer with a claim should know.

Originally posted at InjuryBoard by Mike Bryant