Author Archives: Augusta

In a Rush? Hopefully Your Car Works

Car and tire defects are a serious issue causing thousands of injuries and deaths every year. The National Traffic and Motor Vehicle Safety Administration has recalled over 390 million cars due to reported defects since 1966. The potential for your car to have a defect is a reality that we can’t ignore. Take the preventative approach, and do your research before purchasing a new vehicle. A manufacturer’s history and customer reputation are big determining factors in the quality of their products.

In the northeast, we experience long, harsh winters and need to be able to rely on our tires and vehicles to remain intact throughout the inclement weather. When we find out too late that our tires or vehicles have failed us, we usually have a long uphill battle ahead. The first step is to report the failure in your vehicle so that others become aware of the issue and potentially avoid danger. Now, what I would do in this situation to avoid unnecessary legal fees and a long, drawn-out process is reach out to the dealer and manufacturer both first to see what initial steps can be taken to resolve the issue.

Sometimes, your car dealer and/or manufacturer will be hesitant to admit fault in the event of an accident caused by car defect if the defect isn’t a widely reported issue; however, if you feel certain this issue was caused by an oversight or act of negligence during vehicle construction and assembly, then you may be able to obtain legal representation and take your case to court. The cost of an attorney will be high, but the final payout could be even higher if it is determined that you were the victim of a car or tire defect.

Your medical costs, lost wages, among other debts you may have incurred would be covered after all is said done. This can be a huge relief after you have experienced a severe accident resulting in physical injury. Bringing the issue to light could also save someone else’s life by putting the information out there for others to discover and learn about before purchasing a new vehicle. Removing unsafe cars from our highways and roads is essential to saving lives and promoting safety in the future. However intimidating and time-consuming it can be to pursue charges against a large company, it could be worth it in the end. If you’re in the New York City area, you are sharing the road with over 8 million other drivers, cyclists, and pedestrians at any given time. It’s vital to do everything in your power to ensure your vehicle is safe before taking it on a public roadway where a mishap could injure or kill someone.

Have you already been involved in an accident caused by a car or tire defect? If the answer is yes and you have already determined it may require a lawsuit, then you should reach out to an attorney as soon as possible. Some states have time restraints for filing, so don’t wait much longer. If you have already reached out to an attorney and feel as though your legal needs are not being met, it may be time to move on. It’s important to know all of the details when it comes to questions concerning how to change your lawyer. With the right law firm on your side, you are well on your way to getting the justice you deserve in the event of a car or tire defect.

Why Some Long-Term Disability Claims Are Denied

On employer-provided long-term disability (LTD) claims, there can be numerous issues surrounding a denial of a claim. It is common for disability applications to be evaluated by claims administrators usually working for your insurance company. Therefore, some deserving claims can get denied even when the evidence of disability appears to be clear. Understanding why claims are denied will help you present your best case possible at the administrative level.

One of the most common reasons for denial is insufficient medical evidence. Having detailed and supportive medical records are important in receiving LTD benefits. When you go for your regular medical treatments or physician appointments, be sure to discuss any important medical issues with your physician. Additionally, the physician probably will be ordering certain medical tests, including x-rays, MRIs, or CT scans, when necessary.

Another common reason for LTD claim denial is missing medical records. The insurance company may have failed to obtain all of your necessary medical records. Be sure that you ask your disability carrier for a list of the records it has requested and those it has received. If some records are missing, be persistent and make sure that your insurer requests the appropriate records.

A third reason you may be denied for LTD benefits could be related to your physician’s statement. Your insurance company may not have the correct statements from your physician so be sure that your physician’s office writes a letter that details how your impairment limits your work abilities. Then make sure that the insurance company receives that letter, and any other important documents or subsequent letters that come from the physician.

Submitting all medical evidence as soon as possible in the appeals process is important because federal courts typically are limited to considering only evidence contained in your administrative record. Your medical records or other evidence needs to have been submitted to your insurance company, prior to any federal court date.

Another common reason your LTD claim may be denied is related to your plan’s precise definition of ‘disability.’ Some plan policies define it as being medically unable to carry out the duties of your certain occupation. Other plan policies define disability as the inability to perform duties of any job. It is best to check with your LTD plan policy to avoid any unexpected issues.

It is important to check with your policy’s summary plan to look for any excluded medical conditions. Any medical impairments that may be related to substance abuse or pre-existing conditions are sometimes excluded from coverage. There also may be benefits that are limited when conditions are based on subjective complaints rather than objective testing. Some examples of these conditions are fibromyalgia, chronic fatigue syndrome, or depression.

Also, if you miss any important deadlines when filing and appealing your claim, it could cause more complications for your claim. Most group plans give you 180 days to appeal an initial denial. At this point, it would be best to hire an LTD attorney who can assist in obtaining your medical records and other important documentation to help get a favorable response for you.

Suspect in Cook County Judge Murder Could Go Back to Prison For the Second Time

Citizens in cook county in Illinois on April 10th woke up without a county judge. Early that morning around 5 a.m. 66-year-old Judge Raymond Myles was fatally shot outside of his home. His girlfriend, 52, was wounded but is thankfully not in critical condition. I would describe this as an attack on the justice system I participate in. But it also highlights a fundamental flaw in the correctional prison system. This is not the prime suspect, Earl Wilson’s first altercation with Illinois law. Having already served 12 years back in 1992, Wilson shows how certain prisoners should have changed through the correctional system but have found themselves in a loop instead.

This story gained national recognition as the first murder of a judge from the Chicago-area in thirty years. Wilson is being charged with 27 counts including attempted murder, first-degree murder, aggravated battery, armed robbery, and unlawful restraint. Bruno Law Offices states that the potential punishment for first-degree murder is anywhere from 20 years to life in prison. Joshua Smith, 37, is a suspected accomplice in the case as the getaway driver Wilson supposedly used to escape the crime scene. All in all, Chicago saw 762 total murders back in 2016. This number is higher than 2015 but lower than 1992, the year Wilson first faced criminal charges which saw 943 murders. Wilson’s first charge in 1992 was an attempted murder and his release was back in 2004. Something failed Wilson the first time he found himself blown through the correctional system and now he’s back on the loop of unresolved conflict and potential crime. The National Institute of Justice states that back in 2011 approximately 1,900 prisoners were released daily back into American society. The hardest thing for a former convicted person to accomplish post release is finding work. Research from the Urban Institute indicates that only about half of all released prisoners find work in the first year they are released. Earl Wilson was officially arrested on April 26 of this past year.

The Judicial System in America may not be perfect but the murder of a county judge will never change anything. Grief and anguish can only follow such acts of violence. If found guilty Wilson should spend long years in prison to reflect on his life and hopefully grow wiser with age. The point of the prison system is to reform convicts back into law-abiding citizens so that they can go back to work, and fuel the ever running economy. However, when people like Wilson slip through the cracks good people can pay with their lives.

Whether or not the court finds Wilson guilty, a larger problem rests under the surface of the legal system. Unless some reform is done throughout the entire correctional system, many more people like Earl Wilson will continue to be stuck in a feedback loop of being forgotten and a life of crime.