Hurricane Prompt payment of insurance claims

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The Prompt Payment of Claims Statute provided in the Insurance Code, imposes certain deadlines for an insurance company to acknowledge, investigate, and accept or reject a claim. Policy holders may not even realize that if their insurance company fails to fulfill its duties within the prescribed deadlines, they can be liable for the full amount of the claim, plus damages including attorney’s fees and an additional 18% per annum in addition to the amount of the claim.  See hurricane damage lawyer

Duties of the Insurer

The following duties are imposed on insurance companies after they receive notice of a claim:

  • They must acknowledge receipt of the claim. Each separate claim requires separate acknowledgment.
  • They must record the acknowledgment, making a record of the date, means, and content of the acknowledgment if it is not in writing.
  • They must begin an investigation of the claim.
  • They must request from the claimant all items, statements, and forms that the insurance company reasonably believes will be required from the claimant. Multiple requests may be permitted when reasonably necessary, but multiple incremental requests may in certain cases be a violation of the statute.

With a few exceptions, most insurers must perform these duties within 15 days following receipt of notice of a claim.

Additional Duties & Deadlines

Once the insurance company receives all items, statements, and forms reasonably required by them, they are obligated to fulfill the following duties:

  • The insurer must notify the claimant in writing within 15 business days that it accepts or rejects the claim. There is an exception permitted if the insurer suspects arson, and the insurer can also get a 45 day extension of the deadline.
  • If the insurance company rejects the claim, the rejection notice must state the reason(s) for rejection.
  • If the insurance company cannot accept or reject the claim by the normal deadline, they must notify the claimant and explain why more time is needed.
  • Even if the insurance company gives notice of a requirement for additional time, they must still accept or deny the claim within the additional 45 day period.
  • If the claim is valid, the insurance company must pay the claim within 60 days after receiving the items requested from the claimant. This is a strict deadline and if an insurer fails to meet it, they are liable for the claimant’s attorney’s fees and damages of an additional 18% per annum in addition to the amount of the claim.
  • The insurer must pay the claim within 5 business days after notifying the claimant that the claim will be paid.
  • If the insurance company makes an act by the claimant a condition of payment, then the deadline is 5 business days after the act is performed. (Surplus lines insurers have 20 days to fulfill their obligations under either scenario.)

Get help if you need it

Business and home owners have been through enough simply surviving the impact and the ensuing aftermath of Hurricane Ike.  Policy holders who are experiencing difficulty due to the unfair practices of their insurers deserve better. If you have been treated unfairly by an insurance company, you may be entitled to compensation over and above the value of your insurance claim.  Depending on the circumstances, not only your insurance company, but also their representatives and agents can be liable for unfair settlement practices, misrepresentations, breach of contract or other behaviors prohibited by law.

Don’t be bullied into accepting less than the full value of your hurricane damage insurance claim.  Get help if you need it from a qualified attorney with experience handling first party insurance claims litigation.

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Get Help Recovering With A Rape Attorney

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If you have been raped, a rape attorney is the best possible legal support you can hire so that you can get the justice you deserve and the support you need to go through the trial process.

Most women who are victims of rape have a very hard time wrapping their heads around what has happened and how to move forward. The act of forced sex or sexual act can destroy self-confidence, create new fears, and the emotional toll can hurt your ability to move forward. A rape attorney specializes in working with women and even sometimes men to help them move forward with pressing charges. Rape is not about the act of sex but the power of one person over another. An attorney can help put the power back in your corner.

No person deserves this treatment from another, and the law states that actions of this kind are considered criminal. This includes all acts, all relationships. Regardless of whether a stranger or a spouse has raped you, you are still able to press charges. Same sex rape is still considered rape. Rape involves adults and children. When the law says every act, it means every act. If you have even the slightest concern of what happened to you could be considered rape, contacting a rape attorney is important.

People who have been raped require compassionate representation. When you hire a lawyer, he or she has experience with representing others who have gone through situations similar to yours. They know how delicate the subject matter is, how personal it is. They know how to properly comfort you during your appointments as you start to build a case against the person who did this to you. In addition to their work with you, they may offer community resources and programs that give you a wide variety of ways to start recovering from the experience.

A rape attorney is someone who feels strongly about victims and makes every effort to stay abreast of changes in the law and understand the laws that protect against sexual abuse in fine detail. With the experience they have representing these kinds of cases, sometimes exclusively; they will have the negotiation and litigation skills necessary to expertly represent you in and out of court.

These are strong men and women looking to empower others to recover. Not only will you get the comfort and compassion you need, but you will also get a strong advocate who will support you for coming forward as a victim and encourage you to take back the power that was once yours. A rape attorney is so much more than a legal advocate for your case. They will support you in the ways other criminal lawyer cannot. You deserve justice.

If someone has raped or sexually assaulted you, the very first thing you should do is head to a hospital to have a rape kit performed so there is evidence for your future case. Then contact a compassionate attorney to help you press charges.

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The Detailed Aspects to Consider-Personal Injury Lawyer

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Whenever, you come across an accident or injury that is due to the other person’s fault, then you can file the case for compensation against your injuries or it could be work injury. The best option for successful compensation is to hire a professional solicitor that is a highly capable lawyer. There are great numbers of personal injury lawyers available for your assistance and support. It is always better to hire the services of a good reputable lawyer with economic terms, so that you could get more financial benefits.

    There are several advantages of hiring an excellent and expert lawyer, so that you can understand the legal aspects of the case and provide you lot more than what you could obtain by yourself. Another aspect of getting compensation from the insurance companies is that they often want the lowest possible settlement amounts and try to benefit as much as they can. And, they can also damage your legal authority to complain against them.

   Personal injury solicitors often charge a contingency fee, which means that if you lose the case then you will not pay anything. It can be simply described as “no win no fee”. The lawyer would receive the defined percentage of the total amount, but in case, you lost the case then you do not have to pay anything. The lawyer may also take none of your compensation and just take their fee from the losing company i.e. the company that loses ‘pays costs’.

    If you want to fight a case of personal injury compensation, then there are numerous expert lawyers available. The very first thing that you need to consider while finding the best lawyer is to look for their accreditations and qualifications. If you hire a non-regulated solicitor, then it could harm you appreciably. So, before going to select a perfect and competent lawyer for your case, you have to make sure that they are the accredited by the SRA (Solicitors Regulation Authority).

    The second most important thing to look for in a personal lawyer is to look for their quality and skills. Your lawyer should be the member of Personal Injury Accreditation. These lawyers are tested and verified for meeting the requirements and standards set by SRA. Looking for a lawyer ? You may visit  Torgenson Law.

    After fulfilling the above key aspects, the second best thing is to see whether your lawyer is the member of APIL (Association of personal Injury Lawyers) or not. Since, these lawyers have to prove excellent skills and competence in order to get the membership; you would certainly enhance the chances of your success. In-fact, there are plenty of options available for you to select the best suitable lawyer for you or your family. The other way could be to search out online and locate a list of competent lawyers. As the lots of organizations have their websites available for the conveniences of their clients this is an easy task though it is probably better to find an information site that gives you advice and recommends from a short list of possible solicitors.

Torgenson Law
333 West Roosevelt Street
Phoenix, AZ 85003
Office: (602) 759-0012

The Personal Injury Lawyer and Car Accidents

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If you were hurt in an crash, the help of a personal injury lawyer may be necessary.

Individuals are injured every single day from a variety of situations. Accidents involving automobiles, specifically, are particularly common. In fact, it is very likely that, at some stage or another in your lifetime, you’ve been in or will be in a vehicular crash.

Car accidents occur every minute of each day. Without the help of a skilled personal injury attorney, you could end up stuck with tens of thousands of dollars in medical bills and debilitating injuries.

Moreover, you could struggle financially because of not being able to get the job done. You and your family could fall behind on your mortgage and even be at risk of losing your home after a number of missed payments. Nonetheless, you don’t have to let this happen to you. The negligent party ought to be held responsible for your injuries.

It may even be true that the man who hit you had been driving under the influence of drugs or alcohol. In this instance, not only does it help you seek compensation for damages, but also it might save a life. If the person is convicted and is required to reimburse to your injuries, they’ll think twice before getting behind the wheel at a compromised condition .

The courts might even opt to take their driver’s license away to prevent future incidents from happening. With the support of a personal injury attorney, you can rest easy knowing that justice will be served and you will receive the damages which you’re owed.

In addition to a different driver causing an crash, a motorcyclist can also be responsible for a collision. When a motorcyclist changes lanes too quickly or attempts to squeeze into a lane at the last minute, an automobile driver might not have time to stop, which might cause an accident. As the driver of the car, you may experience whiplash or any number of different injuries that you could be compensated for with the help of a personal injury attorney.

In these difficult legal circumstances, where emotions can run high so much is at stake, a personal injury attorney will help lighten the load. They can look after any detailed paperwork that’s needed, so you do not need to worry about it. It can be stressful to be coping with financial and injuries stress, but if you have legal representation, it can offer peace of mind.

Torgenson Law
333 West Roosevelt Street
Phoenix, AZ 85003
Office: (602) 759-0012

Aspects of Divorce

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Whenever two people decide to call it quits on a marriage, there is a lot that needs to be dealt with. This is especially true if the couple has been together for a considerably long period of time. Dividing and sharing different things often causes strife and fights which is part of the reason why the process takes such a long time.

Divorce Options

There are different options for those who are considering divorce. The first is to agree on every aspect of how you are going to end things. This is known as uncontested divorce. One party files for divorce and the other does not have any aspect that they disagree with. This can also go a step higher where it is described as ‘no fault’ divorce. This is allowed in some states only. In this case, the couple only needs to cite irreconcilable differences as the reason for the divorce. Even after agreeing on everything, you would still need to follow the legal process to have the marriage dissolved. While you can do it on your own, it is best to get a divorce lawyer so that nothing slips through the cracks and the divorce is finalized as soon as possible.

The other option is to follow the legal process and go to court if you do not agree on certain aspects of how to dissolve the marriage. This can be very expensive as each party needs to have attorney representation. It can also drag out for months on end.  A cheaper and sometimes faster way of looking for common ground is through mediation. In this case, you get a court-appointed mediator to negotiate the terms of dissolving your marriage. This objective third party is not biased to either side. However, you can still choose to get a lawyer to sit in through the process in order to ensure that your interests are fully represented.

Asset and Debt Division

When you get divorced, you need to figure out who gets what at the end of the day. This includes all marital property including houses, cars, investments and debt. Anything that was acquired during the period of the marriage is up for grabs. However, property acquired before is not considered unless you later changed the ownership to both of you. Gifts such as inheritance are also not considered as marital property unless you used them to acquire marital property.

If you are able to reach a consensus without intervention, you will be able to save on a lot of the money that would have been used in legal fees. Even so, you need to still write this down officially and present it to the court. If you cannot agree on how to divide the property, this will be one of the things argued out in court with the final decision left to the judge.

Spousal Support or Alimony

 

Spousal support, commonly referred to as alimony, is another aspect of divorce. If you have been married for a considerable period of time, your standard of living could have improved as a result of the marriage. Additionally, some people end up forfeiting a source of income to take care of children and run affairs of the family. In such a case, the spouse needs to have monthly upkeep until they can find a new job, gain enough skills to secure a job or until they are married or living with another lover. The amount is determined by a number of factors including:

  • The state of health of the payee

  • The ability of the payer to pay

  • Asset division during divorce

  • Current standard of living

The payer can ask the court to discontinue the alimony or reduce it in amount in case the payee gets re-married, starts living with another lover or gets a job. This, however, is ultimately upon the court and not both parties.

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Conclusion

Other aspects such as child custody and support are also part of divorce proceedings if the couple had children. All of these factors are argued out in court during the proceedings and the decision is left to the court. However, if you were able to agree on your own or get a mediator to help in the process, you can still make decisions on how to approach all these issues and then have a lawyer present it to court for legalization. This is much cheaper and involves less fighting and drama. The latter is beneficial, especially for those who have children and would like to protect them from the ugliness that hostility can easily cause.

Spousal Support after Michigan Divorce

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 When you enter into a marriage union, you have separate lives that merge into one. The income earned is considered pooled and it is used to cater to different aspects of the family. Some spouses leave their jobs to take care of the children and raise them. Others are tasked with going to work to bring home the ‘bacon.’ Dynamics change and you might find yourself enjoying a higher standard of living because of your spouse.

During a divorce, all these factors are taken into consideration to sort out any spousal support issues.

Determination of Spousal Support

If you are in amicable terms, you and your spouse can decide on the amount that one of you will pay to the other in spousal support. This needs to be documented and then endorsed in a court of law. You would need a Columbus divorce attorney for this process. If you have agreed on everything, you can use one divorce lawyer since all they need to do is to fill in the form and ensure that the process is followed to the letter. Having a divorce attorney could also fast track things which will lead to fast settlement of your divorce. You can click here if you are needing one asap.

In cases where there are disputes, you could choose a court-appointed third party, known as an arbitrator, to come and help facilitate discussions between you, your spouse and your Columbus divorce attorneys. This is much cheaper than going to court. However, if the disagreements cannot be settled, then you would have to go to court and get a judge to determine the alimony to be paid and to whom. Some of the factors that are taken into consideration are:

  •         The spouses’ standard of living
  •         Disability or health complications
  •         The ability to pay
  •         The division of assets during the divorce

How Long Do You Have to Pay?

Ideally, alimony is supposed to help you to get by before you can find a new job. The court will determine whether you have the skills to get a new job or if you would need some time to go back to school or gain these skills in any other way. The payer will then be required to make the payments until the court deems necessary. The standard rule is that alimony payments should stop once the recipient moves in with a lover, gets married or dies. Those are undisputable grounds for continued alimony payment. If you get a job, your ex-spouse might use these as grounds to petition the court to discontinue payments.

For people with disabilities or illnesses that prevent them from working, the payer would be required to make the payments for a lifetime. If the payer happens to die, then proceeds from the estate should be used to offset these payments in a lump sum amount.

Enforcement

Unlike child support, you would not be able to report a non-paying ex-spouse to the authorities. However, you can take them back to court where they might be found in contempt. It does not carry a hefty price such as a jail term.

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Cheap Divorce lawyer in Franklin County Ohio: Child Support

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At the end of a marriage, many different things come into question since the spouses have to divide everything that they own together. The unfortunate bit about divorce is that it affects children. Parents can get so carried way that they only care about what they want, hurting or ensuring that their partner loses. Often, the children’s needs fall through the cracks. This is what the court system in Franklin County divorce cases handles. There are various factors that every court ought to follow in determination of child custody. After child custody, the next step is to determine child support.

What is Child Support?

Child support is the amount paid by the non-custodial parent to the custodial parent for the purpose of taking care of the children’s needs. Education, clothing, food and shelter are some of the basic children’s needs that need to be met. This requires money and one parent alone may not be able to provide for these. Additionally, children are already accustomed to a certain standard of living before the divorce and this should not be affected in any way. You can consult with your Columbus divorce attorney on this matter.

Who Determines Child Support and How?

The court decides the amount to be paid in child support. This is based on a number of factors including:

  •         The children’s needs
  •         Both parents’ level of income
  •         The ability of the non-custodial parent to pay
  •         The custodial parent’s ability to support the children

With these factors, the judge is able to determine the amount that should be paid and the duration for such payments, which is often monthly. The child support agreement will cover all the details: the amount, time period, date by which the amount should be paid and so on. This makes it hard for either of the parents to exploit the agreement.

In special cases where the mother is the custodial parent and the man denies paternity, then the court has to order for a DNA test first before making the determination. If the man is the father then he is bound by the child support directive as issued by the court.

Violation and Enforcement of Child Support

Late payment and non-payment are considered violations to the child support directive issued by the court. When the custodial parent reports the matter to the police, then a warrant of arrest is issued on the non-custodial parent. The remedy for non-payment or late payment is to redirect tax refunds to the custodial parent. If the non-custodial parent is arrested, they can be charged for being in contempt which can attract a jail term. You can learn more on this just click here.

At the end of the day, child custody and child support is determined in the best interest of the child. If you do not pay child support, then you are robbing your child of their basic needs. If, also, you are a custodial parent and the non-custodial party does not honor the agreement, you should report them. Failure to do so is denying your child the right to access their basic needs.