Storming Through Residential Property Claims

Posted by on Jun 5, 2013 in Insurance | 1 comment

Smith Kendall PLLCIt is undeniable that the frequency of natural and other disasters have been on the rise, and homeowners are relying on their insurers to help them through the wet patches when the time comes. Unfortunately, not all insurers welcome residential property claims with open arms even when it is clearly provided for in the policy. Many homeowners find it baffling when they first make residential property claims that the insurance company they’ve been forking money out to promptly year after year without fuss would not extend the same courtesy.

What most homeowners don’t realize is that the primary goal of any insurance company is not to protect its clients, despite what their commercials might say. Their main concern is to make money, so it is not in their bst interest to pay out a claim.

Insurance companies even have an acronym for what they routinely do: 3Ds. This stands for Delay, Deny, Defend. Don’t be surprised if your insurance company gives you the run-around; that’s what they’re trained to do. If they deny your residential property claims altogether, it won’t be at once, and it won’t be in clear language. There will be a lot of hemming and hawing and shuffling about before they finally tell you they are not paying for your damages. They do this because they’re hoping you will just get frustrated and go away. When you do get mad about not getting what you know you are entitled to, they stick to their guns and their lawyers.

Well, two can play at that game. If you think that your insurance company is putting the 3Ds on you, come right back at them with a residential property claims lawyer in Dallas who knows where to hit them where it hurts most: their pockets. Don’t give up and go away. An experienced attorney will be able to make your case before the civil court and get you the money for the repairs you need to do, and with a little extra for the inconvenience and costs of litigation.

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Juvederm Smoothens the Way

Posted by on Jun 4, 2013 in Beautiful, Cosmetic Surgery | 0 comments

Dermal fillers do exactly what they sound like: they fill the skin. Juvederm is one type of dermal filler which is used by dermatologists and plastic surgeons to manage the wrinkles and folds that come with aging and sun exposure. It is an injectable product mostly composed of hyaluronic acid, a naturally occurring substance in the skin and tendons of mammals so it is all natural. Juvederm is mostly used to soften smile lines around the nose and mouth, as well as fill in scars.  It can also be used to plump up the lips in lip augmentation procedures.

Juvederm was approved by the Food and Drug Administration (FDA) in the middle of 2006. It is gel-like in consistency and comes in a variety of thickness. Since it is an all-natural product, Juvederm is eventually absorbed by the body so whatever improvements it had done will disappear after 6 months to one year. Repeated injections will be required to achieve the desired results again.

The use of hyaluronic acid as a skin filler was first discovered by Columbia University scientists John Palmer and Karl Meyer in 1934. The first sources of hyaluronic acid came from cow eyes. Aside from dermal fillers, hyaluronic acid is also used in baking, as treatment for wounds, eye surgery and joint pain.

Juvederm compared favorably with a bovine-based injectable facial filler when it was being tested by the FDA. It was found to be more efficacious in correcting facial folds in patients, as well as safe to use, perhaps because it is cross-linked, in which the hyaluronic acid is chemically bonded to form a gel, making its filling and hydration effects last longer. In its natural form, hyaluronic acid will be absorbed by the body in about 30 minutes.

Juvederm is currently one of the dermal fillers of choice because of its cross-linked properties and efficacy. It is used in primarily in the US.

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Truck Accidents due to Overfatigue

Posted by on May 31, 2013 in Automobiles | 1 comment

Even under the best of circumstances, the trucking industry has a tendency to overextend its resources to boost profits. In an economic crisis, truck drivers and their employers alike turn to increasing mileage in the shortest possible time in order to keep afloat. This can lead to a higher risk of truck accidents because of speeding and driver fatigue. Big rigs, or 18-wheelers, in particular are a menace to other motorists when drivers engage in risky behavior because of the sheer size and weight of the vehicles. Overfatigue has been identified as the leading cause of truck accidents on Wisconsin highways.

Because of the nature of the industry, the tendency is to sacrifice safety for productivity. Federal and state lawmakers attempted to curb this tendency, at least in terms of driver fatigue, by implementing regulations on the number of hours a commercial vehicle (CV) driver can legally put in, and how much rest is required.

However, both drivers and their employers routinely circumvent these regulations by falsifying log records on their rest and work hours. Inevitably, this will lead to catastrophic accidents that may well expose drivers and trucking companies to criminal charges as well as personal injury or wrongful death lawsuits.

But proving that there was negligence involved that led to driver over-fatigue is not at all easy unless an immediate investigation is carried out at the scene of an accident. This will ensure that evidence is preserved and that the circumstances of the incident are properly documented. Personal injury lawyers are especially adept at ensuring that the interests of victims of trucking accidents are protected. Contact a truck accident lawyer immediately if you or someone you know is ever involved in a truck accident where the driver was negligent. You need legal representation in your area in Wisconsin to ensure that you have a good case against those who caused you serious pain and suffering.

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When Air Bags Go Wrong: Auto Defect Injuries

Posted by on May 29, 2013 in Automobiles | 1 comment

Cars today are chock full of improvements that Henry Ford probably never even imagined back in the day. Chief among these improvements are safety features such as airbags. And yet airbags are frequently the cause of product recalls because they have been found to be defective. A defective airbag can cause serious injury when it goes off prematurely, fails to deploy, or deploys with excessive force. This is ironic considering that it was designed to prevent injury, not cause them, leading to a personal injury or wrongful death claim.

This type of auto defect is a serious problem for both manufacturers (because of potential civil litigation) and motorists, and there is no real way to detect them until an accident happens. By then, it is usually too late.

The airbag is a cushion or envelop made of a synthetic fabric that is rapidly inflated using sodium azide, a compound that expands into nitrogen gas when it is ignited. The airbag unit is attached to an electrical circuit which is triggered by a sensor when conditions for its activation are met. The time it takes to activate and inflate an airbag is about 1/20th of a second.

In the US, the airbag sensors are configured to activate when a vehicle decelerates at a rate of 23 km/h or more. The sensor is also generally set to activate when a vehicle is on fire and reaches a temperature between 150 and 200 degrees centigrade to prevent the airbag unit from exploding.

Airbags are to be found in most vehicles today, and some cars have as many as four units in various areas. While its effectiveness as a safety feature is high, when an airbag is defective, it can have dire consequences, especially for young children. It seems prophetic that seven fatalities in the first vehicles in the US that were equipped with airbags were attributed to its presence. If you were injured due to a defective airbag, consult an auto defect lawyer to redress your personal injury. Recovering some damages would cushion the effects of serious injuries.

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Protecting Against Insurance Bad Faith

Posted by on May 22, 2013 in Insurance | 2 comments

Smith Kendall PLLCCustomers pay insurance companies not just for the sense of security that carrying insurance provides, but also in the knowledge that in the event of a serious accident or other form of damage, they will be able to recover the costs that are incurred, preventing financial disaster. As a result, insurance customers have a right to expect that they will be treated fairly and with respect if it ever becomes necessary to file an insurance claim.

Unfortunately, the reality is that many insurance companies do not always operate in this way towards their clients. Depending on the nature of the specific form of insurance involved, many insurance customers eventually find that, when an accident or injury is involved, they may be denied the full amount of compensation they are owed, or their insurance company may engage in various other tactics that in some way disadvantage them during this difficult time.

Known as insurance bad faith, this practice is legally prohibited in the United States’ legal system. While instances of insurance bad faith in other countries may also be subject to legal action, those cases are limited to recovering whatever losses that the injured party may have incurred as a result of the insurance company’s actions. However, under U.S. law, instances of insurance bad faith may be subject to tort actions, rather than simply contract dispute judgments. This means that instances of insurance bad faith may actually allow the victims to recover more than the actual losses which they suffered, with the assistance of a skilled Dallas insurance lawyer.

However, it’s far better to protect against insurance bad faith than to litigate the issue after the fact. Many families who are struggling to recover from a serious injury, damage to property, or any other issue which may require filing an insurance claim do not have the time or resources necessary to pursue a costly court case against unscrupulous insurers, which can often go on over years or even decades.

The best way to protect against insurance bad faith before the fact is simply through scrupulous claims management. Insurers have an economic interest in denying claims for any possible reason, so when an individual files a claim for benefits from their insurer, it is essential that they make sure that every possible detail of that claim is correct to the best of their knowledge. Moreover, it is important to do as much research as possible into the correct management of a claim, in order to know what information will be necessary and how best to document it. For these issues, it may be helpful to consult with a claims management specialist, who can better inform you about what things your claim may require.

It’s also important to file your claim in a timely manner. Failure to file as soon as reasonably possible after an accident or injury occurs can cause insurance companies to view your claim with greater scrutiny and, potentially, may result in a higher likelihood of mismanagement on their part.

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