What is a Wrongful Death Claim?
The most serious of accidents can cost the life of a loved one. For example, spouses have the right to bring a wrongful death claim related to the death of their spouse. A wrongful death claimant has to prove that the conduct of the defendant was unreasonable at the time of the incident that cost the life of another person. Damages for wrongful death include but are not limited to economic damages like the financial support of the decedent as well as the loss of the reasonable value of household services of the decedent. Non-economic damages include the loss of the decedent’s love, companionship, comfort, care, assistance, protection, affection, society, and moral support.
Why do insurance companies deny medical claims?
Insurance companies deny medical claims for a number of different reasons, however, one of the most common reasons is the insurance company contends that the treatment received by the injured party is unreasonable because of the type of treatment, the length of time for the treatment, or the nature of the treatment itself. Insurance companies often also refuse to accept an injured party’s medical claim based on the contention that the accident was not the actual cause of the need for the treatment received. These are common tactics taken by insurance companies that need to be strongly rebutted by experienced and skilled personal injury attorneys like those at Arthofer & Tonkin. Please call or contact us for a free consultation today.
What happens if a health insurance company refuses to pay?
There can be a confusing interplay between health insurance, auto insurance and public health benefit programs that may cause an injured party’s medical bills to go unpaid. The skilled team at Arthofer & Tonkin can help untangle this web of insurance claims. Call or contact us today for a free consultation.
How do insurance companies decide who is at fault?
Unfortunately, insurance companies don’t necessarily fully investigate accidents before making decisions about who is at fault. An insurance company may simply rely on the statements of their own insured. In this instance, if the driver who caused your accident tells their insurance company that you were entirely or partially at fault they may rely on this statement alone and not consider the statements of independent witnesses or the physical evidence. Over the years we have handled innumerable cases where insurance companies initially denied liability or claimed only a share of liability. Our investigation, analysis, workup, and if necessary, involvement of specially trained experts has resulted in proving what really happened in an incident and allowed us to obtain appropriate compensation for our clients.
One of the most satisfying parts of what we get to do here is help people. You do not necessarily think of that with attorneys. You think of it maybe with firefighters or police, but when people have been hurt and hurt seriously, they need help. There is a lot to navigate with insurance, medical bills, loss of wages, the loss of job, or maybe even the change of the way their body works, so getting to help people is cool. Furthermore, who do you want to help more than a pregnant lady? So we have this case. It is a young couple. It is this piece of American Pie. We have got a young couple in a small SUV that they have just bought because their family is expanding, she is pregnant with their first child, and they are going along the highway. They have just come from one of her last maternity visits because she is getting late in her pregnancy. They are going to go to lunch, and they arrive at this spot on the highway that has one of those interchanges, and you kind of question the design because it is people coming onto the highway at the same time. They are trying to get off the highway.
And then there are still other folks that are trying to continue moving east, in this case, moving east down the road, so they navigate their little SUV, it’s a Toyota RAV4, a blue one, and they move to the right, and they are getting ready to exit. Because of traffic coming on and off the freeway, the traffic slows. Unfortunately for them, a driver behind them in a large van is not paying attention and does not see that dozens of cars are slowing. So she collides, she slams the van hard into the rear of their little RAV4, all the airbags deploy, in fact, her seat back breaks, the pregnant lady, she is riding in the front passenger seat, her seat back breaks. Fortunately, they can safely get to the side of the road, and she is taken by ambulance to the hospital. She is very concerned about not only her well-being but the baby because she is seven and a half, eight months along into her pregnancy at this point. She is admitted for observation into the maternity ward because she is pregnant. She has been in as serious an accident as she was in, fortunately, after a day of observation. However, she and the baby will not have a risk concerning the pregnancy, she has some physical injuries, but in terms of the pregnancy and the baby, she will be fine, so she is discharged from the hospital.
Well, it comes time to try and resolve her case with the insurance company for the driver who caused this accident, and that insurance company took the position, and it was shocking to us. It took the position that the medical bills related to her treatment at the maternity ward, the observation of her and her baby for that about a day and a half time frame were not related to the accident, that that was not necessary, and these were tens of thousands of dollars of medical bills. Well, we were able to work with her medical providers, we were able to work with the hospital, obtain her medical records, and we can show a direct causal link because we took the time to get into the details of her records to get to work with her medical team to show a direct causal link between this accident, her need for observation, and the relatedness between the two, ultimately the insurance company raised the white flag and as part of the compensation we were able to obtain for this client included those tens of thousands of dollars of medical bills. I am happy to report that she went on to have a healthy baby and that the family is doing great now and has started a business out in another state. So that was a wonderful opportunity to help. Real proud of the team here.
So very proud of the team here for the help that we provided in that case. If you have been injured in an auto accident or through another person’s negligence, please give us a call, consultations are free, and we are happy to talk to you about what you have been through.