What Are Intangible Damages in an Injury Case?
What are intangible damages? Intangible damages are harms like pain and suffering, loss of consortium, and mental anguish. They do not have a specific monetary value assigned to them, like medical expenses or lost wages would. Calculating intangible damages is more challenging than evaluating tangible losses because they are not harms that can be easily identified with a bill. Types of Damages in Personal Injury Cases In a personal injury case, damages are divided into tangible and intangible damages. Tangible damages can be easily quantified, while the monetary [...]
What Is Medical Necessity?
Proving medical necessity can play an important role in a bad faith insurance case when a company denies a claim. Most health plans will not pay for healthcare services that are not deemed to be medically necessary. Medical evidence is required to show the validity of a claim. Even valid claims, however, are sometimes denied. Contact an insurance claim lawyer for help with your case. Medical Necessity Definition What is medical necessity? Health insurance companies provide coverage only for health-related services that are medically necessary, meaning medical services [...]
Did the Life Insurance Company Act in Bad Faith?
To hang on to revenue and profits, some insurance companies act in bad faith by reducing insurance payouts and denying claims on life insurance policies, even if an insured policyholder has paid on the policy for many years. Bad Faith Claim Denials A life insurance policy is a contract which represents a promise by an insurer to act in “good faith and fair dealing” with a policyholder. To comply with this promise, the insurer must uphold the provisions of the policy and ensure that the policy holder’s rights [...]
Disputing Homeowner Insurance Claims Decisions
Thousands of Nevada property owners are forced to dispute decisions by their homeowners’ insurance companies every year when their damage claims are wrongfully denied or settlement offers are way off base. About one in every 15 homeowners file homeowner insurance claims for property damages and theft that may be denied or underpaid. Homeowner Insurance Claims Homeowners rely on homeowner’s insurance to cover costs for certain damages that may occur to their home, but many claims are denied or settled for low amounts because insurance companies will go out [...]
The Emotional Consequences of Nursing Home Abuse [infographic]
The emotional consequences of nursing home abuse vary and are often significant, sometimes leading to severe mental health problems, a substantial decline in the victim’s physical health, and even death. (Article continues below infographic) ______ The Impact of Nursing Home Abuse In nursing homes and long-term care facilities, 44 percent of residents report that they have been victims of some type of physical, emotional, verbal, or sexual abuse while receiving care at a facility. Although some signs of abuse show up as bruises, cuts and abrasions, broken bones, [...]
When Innocent Bystanders Catch a Bullet
When innocent bystanders are injured or killed in police shootings, there are often allegations of excessive force or police misconduct. Cities across the country are facing lawsuits by injured victims and families of loved ones who were mistakenly killed in police shootings. Police Shootings: Mistaken Identity or Excessive Force? In recent years, there have been a number of civilians caught in the crossfire of police bullets due to mistaken identity or accidental shootings. As a result, many innocent bystanders have been seriously injured or killed by police bullets. [...]
Review Your Long-Term Care Insurance Policy: You May Need to File a Bad Faith Claim
People who are met with a significant delay, reduction or denial of benefits after filing a long-term care claim should carefully review their policy because their insurance company may be acting in bad faith. With the significant number of baby boomers reaching their senior years, bad faith insurance claims for health care and disability benefits are on the rise. The Risks of Long-Term Care Policies Bad faith claims against disability insurers have been prevalent for decades, but claims against long-term care insurers are now catching up. Since baby [...]
When Angry Drivers Cause Accidents [infographic]
When road rage results in a serious car accident or injuries, the driver who committed the offense can be held liable. According to NHTSA, approximately one-third of accidents that cause injuries and deaths on U.S. roads and highways are caused by aggressive drivers and road rage. (Article continues below infographic) ______ Road Rage and Angry Drivers Traffic studies done by the National Highway Traffic and Safety Administration (NHTSA) indicate that more than 50 percent of drivers have experienced angry drivers on the road. Many of these incidents end [...]
Understanding the Impact of Untimely Payment in Insurance Bad Faith Cases
When delayed claim payments are the result of bad faith conduct by insurance companies, the insurer can be held liable for significant damages. Bad Faith Insurance Claims Bad faith conduct may result in legal action against insurance companies that delay or deny claims when liability is clear. The specifics of insurance policies differ between states and insurers, but all insurers have a legal obligation to abide by the implied covenant of good faith and fair dealing. Bad faith insurance cases represent intentional dishonesty on the part of the [...]
When Calls for Help Go Unanswered
In nursing homes, unanswered calls for help by staff and caretakers can mean the difference between life and death for elderly patients. Unanswered Calls For Help Can be Fatal Nursing home call systems provide a lifeline for elderly patients who require assistance. When calls go unanswered by medical staff, patients can suffer serious injuries, even death. All nursing home facilities are required to have a call system with a two-way intercom between the nurse’s station and the patient’s bed. When the patient activates the call button, a light [...]
