Month: December 2015

What is a Loss of Consortium and Services Claim?

Well, did you know that if you are suing for a personal injury loss then your spouse can also file a claim due to their loss because of your loss. This is what a Loss of Consortium and Services Claim is. So lets say your husband is in a wreck and he is not able to mow the yard or repair the car for you, then you are able to say that I have a loss of life because now you have to mow the yard and repair the car. Or basically you have to pick up all the slack.

You can even make a claim for the intimate loss in your relationship as well if you are willing to go into details which can be very uncomfortable when you are deposed or on the witness stand.

What is An Uninsured Motorist Claim?

If you caused an accident and didn’t have insurance the other driver will be able to file an uninsured motorist claim (UMC). Their insurance company will pay for all the things yours would have.  Then the other driver’s insurance company will turn the matter over to their subrogation department. The Subrogation department will contact you about paying them back. Do not ignore them because they can have your drivers license suspended, sue you or turn you over to collections.

However, this department will be willing to set up an interest free payment plan for you to repay them for all they paid their driver. Most likely they will want at least around $ 100 per month until the debt is paid in full. If you miss payments they suspend your license, sue you or turn you over to collections. The other thing you can do is see if the subro dept will accept a lesser lump sum. For example: you owe them lets say $ 10,000 they may be willing to take 7,000 if you pay it as a lump sum. They would rather get a little less all at once than collect the full $ 10,000 100 dollars at a time. Can you dispute the amount they want? No not really. They paid it you owe it. ** This is not legal advice ***

3 Reasons not to Take Medication after an Auto Accident?

FORWARD: You should always follow your doctor’s orders and the following advice is just that, advice, and not to be considered over any doctor recommendation.

If you go to the ER after a car wreck, they will probably give you some type of minor anti-inflammatory/pain reliever such as an IB Profen or Aleve. They will also send you home with some if you say you do not have any at home (of course they will charge you about $10 per pill). The reason why it is so important to take this initial medication is to relax your muscles so that your body can properly heal. (This is direct advice from ER physician). Since your body is in stress mode after the shock of an auto accident, then your muscles are tense and this tension interferes with the proper recovery of soft-tissue damage.

If your pain persists and you seek further treatment then the attending doctor will more than likely prescribe a stronger pain medication. However the following are some very important facts to be aware of concerning taking or not taking these:

1.Be advised that simply because your doctor says they are giving you a “PAIN” medication, they may   perhaps be giving you an “ANTIDEPRESSENT”. Today, it is common practice to use anti-depressants as a pain medication; however this is dangerous because of the associated side effects.

2.If you do not follow your doctor’s orders and refuse to take stronger medications, then your doctor will put in his/her report that “patient refused to follow doctor’s recommendation.” They could even label you as hostile or defiant and this could be used against you when seeking a settlement offer.

3. If you chose not to take pain medications with a reasonable explanation and have sought alternatives treatments provided by your doctor, the insurance company may make the argument that you were not really in pain if you were not taking pain medication.