Common Types of Personal Injury Claims

 

       Personal injury is a very broad field of law that includes several types of injury. Some may not know what you can file a personal injury claim for, so we are going to go a bit further into this field of law and explain some situations that may happen that you can and should file for if you fall under one of these categories.     

        

    The first instance would be a motor vehicle accident. Each year, millions of people are either injured, or killed in motor vehicle accidents. If you have been injured in a car accident, either as a driver, the passenger, or the pedestrian, you may be entitled to monetary compensation for your personal injuries and financial loss. Getting the right attorney could make a world of difference when filing these types of claims.

    Another instance would be if you have experienced medical malpractice. When a doctor, nurse, hospital, or other medical professional is being careless it often causes serious injury. Medical malpractice happens when a medical professional misdiagnoses you, gives you improper treatment, makes surgical, medical, or pharmaceutical errors, or causes injury to your child at birth (these are mistakes that are made during the delivery of your baby.) If you have experienced anything like this, then you could file a personal injury claim.

    There are many things that fall under the personal injury category, such as a wrongful death, nursing home abuse and neglect, animal bites, and food poisoning to name a few, but we want to talk about one more that we see get overlooked way too often and that is a workplace accident. When you get hurt while on the clock, generally you are not allowed to bring a personal injury lawsuit against your boss, instead you need to claim workers compensation. In doing this, your employer will be required to provide benefits to that injured employee. This can include medical treatment, temporary disability, temporary total disability, or a lump-sum payment. If you are ever injured at work do not hesitate to file. 

    

    At Badnell & Dick Co. L.P.A. we have personal injury attorneys with over 25 years of experience. If you are in a situation where you need help and don't know where to turn for your personal injury case, call us. We can help you win your case and the money that you deserve. 

    

      Disclaimer: The materials on this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. 

Steps to Filing for Bankruptcy

 

    Making the decision to file for bankruptcy is huge. There is so much to consider when deciding on whether or not you should file, like what all of your options are, understanding what bankruptcy will and will not do for you and getting ready to face the consequences of filing. We have compiled a list of step you should be taking when filing for bankruptcy below:

 1. Find a good attorney. You want to find an attorney who you can trust that is familiar and experienced with bankruptcy law. You may find them from a family member or friend who needed their services, or by searching online for an attorney. You want to remember however, that the cheapest attorney is not always the best way to go, so be careful who you choose, and take time to make your decision.  At Badnell and Dick, we have over 25 years of experience in Bankruptcy law and can help guide you through even the most difficult tasks and help you win your case. 

2. Next you will want to conduct a Bankruptcy counseling session. The bankruptcy process requires that you attend two mandatory credit counseling sessions. The first round of pre-filing counseling happens before you file your paperwork with the courts. This is where you will discuss you budget and pro's and con's of filing. 

3. After counseling, you will file with the court. At this point it will appear on your credit report and creditors have to stop calling you and making attempts to collect your debt. 

4. Depending on what type of bankruptcy you have filed, the next step may involve liquidating any assets of value to repay the creditors. If you file a chapter 7 case and have no assets of value, then they will do what is called a "No assets case" and the courts will not sell your property. You do need to let your attorney know if you have any property that you want to keep secured. 

5. Next you will have to take a Debtor Education Course. You have to take this course before all of your debts are discharged. 

6. Finally, your debt will be discharged. You will no longer be expected to pay back the creditors included in the bankruptcy. While this is great you have to remember that this is only the beginning. The next steps are to start rebuilding your credit.

If you or someone you know is thinking of filing for bankruptcy, do yourself a favor and call Badnell and Dick Co. at 800-234-9511. If you have any questions or concerns you can visit our website and look into our FAQ's. We have over 20 years of experience and four different offices for your convenience. We will fight to win your case. 

Federal law requires the following statement: We are a debt relief agency.  We help people file for protection under the bankruptcy code.

The Do's and Dont's of Workers Compensation

 

 It can be difficult to make the decision to file for workers compensation added with the chance that your job may not have everything set up to be able to handle your injury. You may ask yourself "Is it even worth it to file?" You should rely on a simple rule of thumb when deciding on whether or not to file and that is, if an injury is sustained at your job or within the scope of you working there, including occupational accidents, diseases, trauma, injuries or illnesses caused by exposure to work activities or chemicals, then you need to file. At Badnell and Dick we are dedicated to getting you the cold hard cash you deserve to help cover your costs while you are out of work. So let’s say that you have chosen to file, here is a list of Do's and Don'ts that will help ensure that you get your full compensation. 

Do's

• Be sure to report the accident and ANY injuries sustained to your employer. Give them an in-depth description of what happened and who was there or involved.
• Get a written or verbal testimony by someone who may have witnessed the accident happening. This can help you by acting as evidence just in case the insurance tries to deny your claim.
• Make sure you include ALL your injuries on your report, no matter how minor or major they are. It is better to have everything wrong covered, than find out something happened later due to the issue worsening. 
• Double check to make sure that someone filed the incident report and that they have accurately filled it out. 
• Remember there is a time limit on how long you must file a claim, usually you have 30 to 45 days from when the accident happened to file. 
• If you have persistent pain and need to see a doctor, for the treatment to be covered by the insurance you must not cancel any appointments and follow the doctors’ orders directly. 
• Make sure that you keep a thorough and organized record of everything that happens. That means medical receipts, doctor visits, medication expenses, and any written correspondence between you and the insurance company. 

Don'ts 

• Do not discuss your case with anyone outside the necessary party and do not let anyone talk you out of reporting the incident. 
• Do not be persuaded into signing a release form for any reason, especially because it could potentially release your employer and the insurance carrier from liability. 
• Just like the release form do not sign a medical form for any reason, this could give the insurance company access to your medical records, which they do not have permission to see otherwise. 
• If you are medically unstable, do not think about settling your case based off of this. You want to make sure that not only your physical state is well but your mental state also before settling on an amount of compensation.
• and most importantly, do not settle your case before talking with your attorney and going through all your options. 

These tips are just a few pointers to getting the most out of what you deserve from filing for workers compensation. If you or someone you know is looking to file, get ahold of Badnell and Dick, (800)-234-9511, or visit us online. We will work hard to win you the money you deserve. 

Why Are Disability Claims Denied?

     

    Each year, millions of people apply for Social Security Disability benefits (SSDI) each year. Out of those millions who apply, only 30% are approved a the initial level of the claim process. That's a whopping 70% of applicants who are denied. 

    The reasons for a denial of Social Security Disability benefits vary from case to case but there are a few common reasons that a claim will be for sure declined. If you are applying for SSDI it is important for you to understand why you might be denied and the steps to prevent that from happening.

    One of the more common reasons a claim gets denied is due to the lack of hard medical evidence to support the claim. You will need to prove that you are unable to work due to a disabling condition. For the claim to succeed, you need the proper medical records that show your disability has effected your ability to perform your work tasks. 

    The medical records are the most valuable thing in determining the success of your claim for benefits. Because of this, be sure to talk about how an injury is interfering with your ability to work with your physician. 

    Contrary to popular belief, you should always appeal a denied disability claim before filing for a new one. In some cases, a claim will be denied if the person reviewing your case sees that you applied for SSDI benefits before and were denied. Therefore it's a much safer bet to go through the appeals process. At Badnell & Dick Co., we have qualified and experienced personal attorneys that can help walk you through the steps.

    Income is an another important aspect, but it doesn't apply to SSDI's, instead it's used for Supplemental Security Income (SSI). If you are working part-time and making more than $940 a month, you are likely not eligible for SSDI and could get denied. The Social Security Administration will only approve Social Security Disability claims for people who are unable to work due to their disability. 

    The entire process of applying for Social Security disability benefits is overwhelming, from keeping track of deadlines to making sure that your application is complete and accurate. Attorney David M. Dick from Badnell & Dick Co., has dealt with all types of childhood and adult disability claims for over a decade. So, when results matter, call us at 1-800-234-9511 to speak with one of our attorneys so that we can handle your claim the best way we know how! 

Chapter 7 vs Chapter 13 Bankruptcy: What's the Difference?

     When you are  filing for bankruptcy, there are two main forms that you may consider filing. These are Chapter 7 & 13 bankruptcy which are the most common forms used by most consumers. Depending on the personal circumstances and financial situations involved, each chapter can present distinct benefits and advantages for it's consumers. It is also very important to note that several factors are considered when determining the eligibility for bankruptcy along with which chapter you may qualify for. An experienced lawyer at Badnell & Dick Co., LPA can help you during this stage of bankruptcy and explain which chapter is most appropriate for you. 

The Main Differences 

    Both of these chapters are inherently different but the qualifying criteria is the most basic factor that sets them apart. To put it simply, debtors must pass a "means test", which takes into consideration their income in relation to the states median income in order to be eligible for Chapter 7. To file under Chapter 13, an individual must have unsecured debts such as credit card bills/medical expenses below $336,900 while their secured debts must be below $1,010,650. These include mortgages and car loans. 

    Another difference between the chapters is their primary uses. For example, Chapter 7 is a liquidation of assets that is commonly used when a consumer has little property or they have little funds after paying for the basic necessities month after month. On the other hand, Chapter 13 is an adjustment of debts for a consumer with a regular income, rather than a full liquidation. Chapter 13 is commonly sued when a consumer has a regular income but cannot keep a consistent payment of their debts. 

    In addition, Chapter 7 allows consumers to get rid of their more unsecured debt as opposed to Chapter 13 which does not get rid of debt and forces the consumer to make payment plans to pay them off. In terms of credit score, Chapter 7 bankruptcy stays on a score for 10 years while Chapter 13 only stays for 7.

    Each individual situation should be looked at carefully by an experienced attorney before someone  files a Chapter 13 Bankruptcy or a Chapter 7 Bankruptcy. Call Badnell & Dick Co., LPA today to discuss your situation with an expert and see if now is the right time for you.