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Filing a disability claim is like hitting a moving target. It can be extremely overwhelming and irritating. Usually, you've been paying for disability insurance as a precaution, and now that you need to take advantage of it - there is no end to a rabbit hole you feel like you’re tumbling down. Disability insurance companies are becoming notorious for denying claims and minimizing any kind of payout. Many of these companies have highly trained claim reviewers that will comb through every document to try to find a way to vanquish your claim – and more times than not they succeed.

There are several ways an insurance company may try to get you to hang up your hat when it comes to filing an appeal after your claim is denied.

One tactic disability companies use is changing the definition of disability or using a vague definition of disability in your policy. An example of this in practice is when a denial letter states "a claimant is disabled if they are incapable of performing all of their essential job tasks." However, your policy says, "a claimant is disabled if they are incapable of performing at least one of their essential job tasks." The insurance company is hoping you won't notice this switcha-roo, and you will be too frustrated to push forward with your appeal. This subtle shift in language is why it is essential to consult with an experienced disability attorney about your claim.

Another common reason your claim may be denied is due to a lack of objective evidence.

Claim reviewers often find there is a lack of this objective evidence and use it as the reason for denying your claim. It is very important to make sure you have accurate supporting medical evidence that specifically describes your injury or illness, the way you received the injury or illness, and how it impacts your daily life. Objective evidence could include x-rays, lab reports, your medical records, and physician notes.

Here are some important tips to improve your chances when filing your claim or appeal for long-term disability.

When possible - communicate in writing with your insurance company. If there is ever a circumstance where you have a phone conversation, follow up that conversation with a summary email stating everything that was discussed. Another measure you can take is to make sure you follow the treatment plan prescribed by your doctor. This is very important in the instance that you do not follow the treatment plan, there will be no way to accurately determine if your condition prevents you from working, or if you would have recovered had the treatment plan been followed correctly. Thorough documentation of your conversations with your insurance company and of your medical visits and treatment plans could be the difference in winning your claim or appeal!

If you have already filed a claim and received a denial letter, you know just how overly complicated and stressful this task can be.

Denial letters can be extra tricky and difficult to understand. Insurance companies want to make this process as burdensome and time consuming as possible, so you give up.

Just remember, this does not have to be the end of the road.

You owe it to yourself to get the help you deserve - now we get to the GOOD - that is what I am here for. If your initial claim was denied, you have the right to appeal. However, there are strict deadlines that apply.

You only have a specific time frame to appeal after receiving notice of your claim denial. Usually 180 days.

Don’t wait! Call us and our legal team will review your denial letter for FREE. To use this offer, call Marcus Vaden Law at 501-354-4577, and we will help decipher the language the insurance company used in your denial letter.

School bus crashes raise important issues concerning Faulkner County school bus insurance

600 South German Lane, Suite 102, Conway, AR 72034

600 South German Lane, Suite 102, Conway, AR 72034

It’s that time of year again. Summer is over-although you can’t tell by the weather. Each year, it seems like summer gets shorter and busier.

Gearing up for you may mean a lot of late nights doing homework and an increase in traveling to games and other school-related functions.

As a Faulkner County resident, what should you be thinking about?

Whether your child is waiting at the bus stop, traveling on the bus to games, it is inevitable that you and your child(ren) will come in contact with a bus on the road. For a child to be involved in any kind of school transportation related accident is truly unbearable to think about; however, ignoring the fact that this could happen is dangerous.

What should I do? You should call your insurance company right now and check your UIM (Underinsured Motorist Coverage).

$25,000 is the absolute lowest insurance policy that you can get in Arkansas. If you or your child(ren) are hurt much at all, you can rack up significant medical bills. In my 30 years of helping injured victims maximize recovery, trust me when I say I’ve seen astronomical medical bills (like $45,000 for someone being transported via med-evac).

If you don’t have a UIM policy, buy it now! To your surprise, it doesn’t cost that much extra. Looking at the overall picture, if something tragic ever happens, it will pay for itself.

So what is UIM?

UIM is an auto insurance policy that essentially extends additional coverage to you if the other parties’ insurance policy limits do not cover your medical bills and injuries.

Let’s use the example of a school transportation involved accident

  • Let’s just say the maximum limit the school’s insurance company will pay out is a total of $100,000.

  • If there are 4 children involved, the insurance company will distribute the funds on a per person/per accident basis among those who are injured.

  • So let’s say the 4 people who are hurt get $25,000 each.

  • Sounds great and all, but your son, Randall, has racked up over $50,000 in medical bills.

  • So now you have to come up with at least an additional $25,000.

If you have the UIM policy in place, your automobile insurance should step in to cover your child in the event of a school transportation- related accident. I highly advise you to call your insurance agent today because in the event that this happens, you want to focus on the recovery of your child and NOT the medical bills.

Hopefully you won’t need us, but if you do...

If you or your child has been hurt as the result of a school transportation related accident, please don’t hesitate to reach out to us at 501-354-4577. You can rest assured that everything possible will be done to help you!

WOW! What an amazing turnout.

More than 1,000 people showed up at the River Valley & Ozark Edition Good Life Expo. It was held at the Conway Regional Health and Fitness Center on August 9th, 2019.

A big thank you goes out to everyone who made the Good Life Expo spectacular. A lot of work went into the planning and set up!

At our booth, we had a prize to give away every hour. The most popular among the giveaways were the:

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From Accident to Settlement - How to Feel Confident Walking into a Personal Injury Case

After you’ve sustained an injury from an accident, it can be unsettling to decide what the next step is. Do I sue? How do I even begin that process? Why would I file a claim? Those can be just a few questions you might have. I’m going to break down what the next steps should be!

The majority of personal injury claims are for the following:

  • Auto Accident 

  • Medical Malpractice 

  • Product Injury 

  • Injury sustained from Slipping and Falling 

Arkansas is considered an “at-fault” state in regard to accidents and liability. So, pertaining to your personal injury case – this means if the defendant is found at fault, they or their insurance company are responsible for paying the damages from the accident.  A personal injury claim allows you to enforce your rights by seeking damages or losses for the injury sustained in the accident. The statute of limitations, which is the time frame you have following the accident to file your lawsuit, is usually 3 years in the state of Arkansas.

There are very important measures that you can take immediately after the accident to help provide the most accurate information if and when you decide to file your claim!

First things first – Document! 

Take photos, visit a doctor, and write down exactly what happened while it is still at the forefront of your mind. Make a list of all witnesses you can remember, and their contact information if you have it. Make note of any evidence from the accident that you can think of. Next is where I come in. Give me a call and follow any additional instructions that I may give regarding documentation of the accident. 

There are some instances where you may have already entered the claim process yourself prior to getting an attorney. This process can be stressful and expensive. Insurance companies can sometimes try to be a nuisance instead of helpful. Just remember – insurance companies do not have to be honest with you when trying to negotiate your claim. Because helping injured victims is the focus of our firm, we know the methods used by insurance companies to minimize the claims of injured victims. This is something I will combat to get you the best settlement possible. So even if you have already started the claim process, you can still ask us for the help!

The majority of personal injury cases do not end up going to trial, usually there is a settlement prior to the trial date that has been set.  However, cases that do go to trial are typically because there is a dispute in the facts or a contested legal matter that the court will have to decide on. That is why it is so important that you document the accident as soon as it happens. This will allow us to have the most accurate picture of what happened and to evaluate the facts with the law. 

Now it’s time to talk about the purpose behind the claim – compensation. 

For a personal injury claim, compensation can range from small amounts to thousands of dollars. To determine what is fair, injuries sustained from the accident have to be evaluated. I will assess all of the categories of damages that apply to your case, and make sure there is sufficient evidence for each category of loss you are claiming.  I will fight to make sure you receive the best compensation possible. Since we are very selective in the cases we take, we are able to devote the time and effort necessary to prepare your case so that you have a successful result. 

Questions? Let me know if you have questions or comments.  You can comment to this blog or call our office at 501-354-4577.